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  • All HBS Web  (34)
    • News  (7)
    • Research  (24)
  • Faculty Publications  (15)

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  • All HBS Web  (34)
    • News  (7)
    • Research  (24)
  • Faculty Publications  (15)
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  • Article

The Growing Problem of Patent Trolling

By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
The last decade has seen a sharp rise in patent litigation in the U.S., with 2015 having one of the highest patent lawsuit counts on record. In theory, this could be a consequence of growth in the commercialization of technology and innovation—patent lawsuits increase... View Details
Keywords: Patent Aggregators; Patent Litigation; Patent Pools; Patent Trolls; Patents; Lawsuits and Litigation; United States
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Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "The Growing Problem of Patent Trolling." Science 352, no. 6285 (April 29, 2016): 521–522. (Explanatory Video.)
  • 2017
  • Working Paper

Patent Trolls and Small Business Employment

By: Ian Appel, Joan Farre-Mensa and Elena Simintzi
We analyze how frivolous patent-infringement claims made by “patent trolls” affect small firms’ ability to create jobs, raise capital, and survive. Our identification strategy exploits the staggered passage of anti-patent-troll laws at the state level. We find that the... View Details
Keywords: Patent Trolls; Patents; Small Business; Employment; Venture Capital
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Appel, Ian, Joan Farre-Mensa, and Elena Simintzi. "Patent Trolls and Small Business Employment." Harvard Business School Working Paper, No. 17-072, February 2017.
  • February 2018
  • Background Note

Patent Trolling

By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and George Hou
The U.S. Intellectual Property (IP) Ecosystem is one of the most robust and dynamic in the world—and has been for centuries. The bedrock of this system is the "patent," a legal document that allows its holder exclusive commercialization rights of a part of the "idea... View Details
Keywords: Intellectual Property; Patents; Lawsuits and Litigation; United States
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Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and George Hou. "Patent Trolling." Harvard Business School Background Note 218-085, February 2018.
  • 29 Aug 2014
  • Working Paper Summaries

Patent Trolls

Keywords: by Lauren Cohen, Umit G. Gurun & Scott Duke Kominers
  • 20 Aug 2014
  • Research & Ideas

Dragging Patent Trolls Into the Light

future. A Lucrative Business Patent trolling can be a lucrative undertaking because of the ambiguous nature of intellectual property. "A patent View Details
Keywords: by Michael Blanding; Legal Services
  • 28 Feb 2017
  • Working Paper Summaries

Patent Trolls and Small-Business Employment

Keywords: by Ian Appel, Joan Farre-Mensa, and Elena Simintzi
  • January 2019 (Revised May 2019)
  • Case

When Trolls Attack: Carbonite vs. Oasis Research

By: Lauren H. Cohen, Umit G. Gurun, Scott Duke Kominers and Sarah Mehta
This case, set in October 2017, follows Danielle Sheer, general counsel for Carbonite, as she defends the company against claims of patent infringement. It provides a broad overview of the U.S. patent system and explores the impact that non-practicing entities... View Details
Keywords: Patent Infringement Litigation; Non-practicing Entities; Patent Trolls; Innovation and Invention; Intellectual Property; Patents; Laws and Statutes; Lawsuits and Litigation; Legal Liability; Computer Industry; Technology Industry; Boston
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Cohen, Lauren H., Umit G. Gurun, Scott Duke Kominers, and Sarah Mehta. "When Trolls Attack: Carbonite vs. Oasis Research." Harvard Business School Case 219-001, January 2019. (Revised May 2019.)
  • December 2019
  • Article

Patent Trolls: Evidence from Targeted Firms

By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of nonpracticing entities (NPEs) in the intellectual-property space. We find that, on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms and target cash in... View Details
Keywords: Patent Trolls; Innovation; Patents; Lawsuits and Litigation; Ethics; Innovation and Invention
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Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Management Science 65, no. 12 (December 2019): 5461–5486. (Cited in the United States Federal Trade Commission Report on Patent Assertion Entities, 2016.)
  • Article

"Troll" Check? A Proposal for Administrative Review of Patent Litigation

By: Lauren Cohen, John Golden, Umit Gurun and Scott Duke Kominers
The patent system is commonly justified as a way to promote social welfare and, more specifically, technological progress. For years, however, there has been concern that patent litigation is undermining, rather than furthering, these goals. Particularly in the United... View Details
Keywords: Patent Trolls; Patents; Lawsuits and Litigation
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Cohen, Lauren, John Golden, Umit Gurun, and Scott Duke Kominers. "Troll" Check? A Proposal for Administrative Review of Patent Litigation. Boston University Law Review 97, no. 5 (October 2017): 1775–1841.
  • 2023
  • Other Article

The Harvard USPTO Patent Dataset: A Large-Scale, Well-Structured, and Multi-Purpose Corpus of Patent Applications

By: Mirac Suzgun, Luke Melas-Kyriazi, Suproteem K. Sarkar, Scott Duke Kominers and Stuart Shieber
Innovation is a major driver of economic and social development, and information about many kinds of innovation is embedded in semi-structured data from patents and patent applications. Though the impact and novelty of innovations expressed in patent data are difficult... View Details
Keywords: USPTO; Natural Language Processing; Classification; Summarization; Patent Novelty; Patent Trolls; Patent Enforceability; Patents; Innovation and Invention; Intellectual Property; AI and Machine Learning; Analytics and Data Science
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Suzgun, Mirac, Luke Melas-Kyriazi, Suproteem K. Sarkar, Scott Duke Kominers, and Stuart Shieber. "The Harvard USPTO Patent Dataset: A Large-Scale, Well-Structured, and Multi-Purpose Corpus of Patent Applications." Conference on Neural Information Processing Systems (NeurIPS), Datasets and Benchmarks Track 36 (2023).
  • 2017
  • Chapter

Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey

By: Lauren Cohen, Umit Gurun and Scott Duke Kominers
We survey the empirical literature on non-practicing entity (NPE) litigation behavior and its consequences. We document both aggregate trends and cross-sectional differences amongst various types of NPEs. Survey evidence illustrates a number of ways in which NPEs can... View Details
Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Lawsuits and Litigation; Innovation and Invention
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Cohen, Lauren, Umit Gurun, and Scott Duke Kominers. "Empirical Evidence on the Behavior and Impact of Patent Trolls: A Survey." In Patent Assertion Entities and Competition Policy, edited by D. Daniel Sokol. Cambridge University Press, 2017.
  • 2018
  • Working Paper

Patent Trolls: Evidence from Targeted Firms

By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
We provide the first large-sample evidence on the behavior and impact of non-practicing entities (NPEs) in the intellectual property space. We find that on average, NPEs appear to behave as opportunistic “patent trolls.” NPEs sue cash-rich firms—and target cash in... View Details
Keywords: Patent Trolls; NPEs; PAEs; Innovation; Patents; Ethics; Lawsuits and Litigation; Innovation and Invention; Corporate Finance
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Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolls: Evidence from Targeted Firms." Harvard Business School Working Paper, No. 15-002, July 2014. (Revised June 2018.)
  • 2016
  • Working Paper

Patent Trolls and Small Business Employment

By: Joan Farre-Mensa, Ian Appel and Elena Simintzi
Citation
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Farre-Mensa, Joan, Ian Appel, and Elena Simintzi. "Patent Trolls and Small Business Employment." Working Paper, December 2016.
  • Article

Patent Trolling Isn't Dead—It's Just Moving to Delaware

By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
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Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Patent Trolling Isn't Dead—It's Just Moving to Delaware." Harvard Business Review (website) (June 28, 2017).
  • Article

Congress Must Look Forward in Reining in Patent Trolls

By: Lauren Cohen, Umit G. Gurun and Scott Duke Kominers
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Cohen, Lauren, Umit G. Gurun, and Scott Duke Kominers. "Congress Must Look Forward in Reining in Patent Trolls." Massachusetts Lawyers Weekly (May 28, 2015).
  • 19 May 2016
  • Research Event

Crowdsourcing, Patent Trolls, and Other Research Insights Highlighted at Harvard Business School Symposium

average value. (Contests) allow me to find the extreme value.” Curbing the patent trolls Another research presentation focused on the adverse effects around patent litigation,... View Details
Keywords: by Dina Gerdeman & Carmen Nobel
  • 10 May 2016
  • First Look

May 10, 2016

build a literature more effectively than they could with less diverse approaches to gathering data. Publisher's link: https://www.hbs.edu/faculty/Pages/item.aspx?num=51015 April 29, 2016 Science The Growing Problem of Patent View Details
Keywords: Carmen Nobel
  • 14 Feb 2017
  • First Look

First Look at New Research: February 14

Outcomes By: Schupbach, John, Amitabh Chandra, and Robert S. Huckman Abstract—No abstract available. Publisher's link: https://www.hbs.edu/faculty/Pages/item.aspx?num=52228 Patent Trolls and Small Business... View Details
Keywords: Sean Silverthorne
  • 11 Jun 2018
  • Research & Ideas

Why South Korea's Samsung Built the Only Outdoor Skating Rink in Texas

shouldn’t change the facts of a case, no matter how many scholarships a company sponsors—or how many Christmas lights it puts on the courthouse. Related Reading: Dragging Patent Trolls Into the Light... View Details
Keywords: by Michael Blanding; Legal Services
  • 01 May 2018
  • First Look

First Look at New Research and Ideas, May 1, 2018

and examples of how it is impacting the food industry. Purchase this case: https://cb.hbsp.harvard.edu/cbmp/product/517064 Harvard Business School Case 218-085 Patent Trolling The U.S. Intellectual Property... View Details
Keywords: Sean Silverthorne
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