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- 2021
- Working Paper
Omnia Juncta in Uno: Foreign Powers and Trademark Protection in Shanghai's Concession Era
By: Laura Alfaro, Cathy Bao, Maggie X. Chen, Junjie Hong and Claudia Steinwender
We investigate how firms adapt to trademark protection, an extensively used but underexamined form of IP protection, by exploring a historical precedent: China’s trademark law of 1923—an unanticipated and disapproved response to end foreign privileges in China. By...
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Keywords:
Trademark;
Firm Dynamics;
Intermediaries;
Intellectual Property Institutions;
Trademarks;
Intellectual Property;
Laws and Statutes;
Outcome or Result;
Organizational Change and Adaptation;
China
Alfaro, Laura, Cathy Bao, Maggie X. Chen, Junjie Hong, and Claudia Steinwender. "Omnia Juncta in Uno: Foreign Powers and Trademark Protection in Shanghai's Concession Era." Harvard Business School Working Paper, No. 22-030, November 2021. (Revised January 2022.)
- February 2021
- Module Note
Intellectual Property Strategy
By: Andy Wu and Aticus Peterson
Managing intellectual property (IP) in information technology—digital technologies like software or computing hardware—requires a distinct strategic approach. This note summarizes the high-level strategic considerations for managers of information technology businesses...
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Wu, Andy, and Aticus Peterson. "Intellectual Property Strategy." Harvard Business School Module Note 721-436, February 2021.
- February 2020
- Case
Intellectual Ventures Update 2020
By: David B. Yoffie and Daniel Fisher
After raising $6 billion and buying 60,000 patents, Intellectual Venture (IV) was confronted with a changing legal environment. After a number of important legal decisions, including the Supreme Court's so-called "Alice" decision, IV had to shift strategy. IV sold off...
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Keywords:
Intellectual Property;
Strategy;
Innovation and Invention;
Information Technology;
Business Model;
United States
Yoffie, David B., and Daniel Fisher. "Intellectual Ventures Update 2020." Harvard Business School Case 720-438, February 2020.
- June 2018 (Revised August 2019)
- Case
Qualcomm Inc., 2019
By: David B. Yoffie and Andrew S. Choi
This case is set in mid-2019, when Qualcomm was struggling with unwanted take-over battles, fights with Apple and the Chinese government, and internal dissension on the board of directors. Ten years earlier Qualcomm was hailed as a monopoly on CDMA technologies and...
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Keywords:
Technology Cycles;
Strategy;
Competitive Advantage;
Intellectual Property;
Information Technology;
Standards;
Business Model;
Organizational Change and Adaptation;
Telecommunications Industry;
Semiconductor Industry
Yoffie, David B., and Andrew S. Choi. "Qualcomm Inc., 2019." Harvard Business School Case 718-514, June 2018. (Revised August 2019.)
- 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...
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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.
- Article
Capturing Value from Intellectual Property (IP) in a Global Environment
By: Juan Alcácer, Karin Beukel and Bruno Cassiman
Globalization should provide firms with an opportunity to leverage their know-how and reputation across countries to create value. However, it remains challenging for them to actually capture that value using traditional Intellectual Property (IP) tools. In this paper,...
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Keywords:
Appropriation Strategy;
Counterfeit;
Intellectual Property Rights;
Litigation;
Value Capturing;
Intellectual Property;
Rights;
Value;
Lawsuits and Litigation;
Global Range;
Situation or Environment
Alcácer, Juan, Karin Beukel, and Bruno Cassiman. "Capturing Value from Intellectual Property (IP) in a Global Environment." Special Issue on Geography, Location, and Strategy. Advances in Strategic Management 36 (2017): 163–228.
- Summer 2017
- Article
Copyright Enforcement: Evidence from Two Field Experiments
By: Hong Luo and Julie Holland Mortimer
Effective dispute resolution is important for reducing private and social costs. We study how resolution responds to changes in price and communication using a new, extensive dataset of copyright infringement incidences by firms. The data cover two field experiments...
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Luo, Hong, and Julie Holland Mortimer. "Copyright Enforcement: Evidence from Two Field Experiments." Journal of Economics & Management Strategy 26, no. 2 (Summer 2017): 499–528.
- November 2016
- Supplement
Alnylam Pharmaceuticals: Building Value from the IP Estate (B)
By: Vicki Sato, Willy Shih and Matt Higgins
The leader of a pioneering biotech company in the siRNA space weighs his options for scaling production capacity in advance of an anticipated commercial launch. Operational complexity and relative merits of in-house manufacturing versus a contractor model are...
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Keywords:
Pharmaceutical Companies;
Pharmaceutical Industry;
Biotech;
Biotechnology;
Operational Complexity;
Strategy;
Manufacturing;
Production;
Strategic Planning;
Intellectual Property;
Biotechnology Industry;
United States
Sato, Vicki, Willy Shih, and Matt Higgins. "Alnylam Pharmaceuticals: Building Value from the IP Estate (B)." Harvard Business School Supplement 617-022, November 2016.
- November–December 2016
- Article
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry
By: Yongwook Paik and Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of...
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Keywords:
Patent Wars;
Patent Litigation;
Intellectual Property (IP) Enforcement;
Institutions;
Patent Thicket;
Smartphone;
Patents;
Corporate Strategy;
Mobile Technology
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry." Organization Science 27, no. 6 (November–December 2016): 1397–1416.
- October 2016 (Revised September 2017)
- Case
The CRISPR-Cas9 Quarrel
By: Richard G. Hamermesh and Matthew G. Preble
In mid-2016, the Broad Institute and the University of California, Berkeley were in the middle of a contentious patent dispute over which entity controlled a breakthrough gene editing technology called CRISPR-Cas9. With CRISPR-Cas9, scientists might soon be able to...
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Keywords:
CRISPR;
Broad Institute;
University Of California Berkeley;
Intellectual Property;
Patents;
Law;
Lawsuits and Litigation;
Science;
Genetics;
Entrepreneurship;
Biotechnology Industry;
United States
Hamermesh, Richard G., and Matthew G. Preble. "The CRISPR-Cas9 Quarrel." Harvard Business School Case 817-020, October 2016. (Revised September 2017.)
- 2016
- Working Paper
Patent Disclosures and Standard-Setting
By: Josh Lerner, Haris Tabakovic and Jean Tirole
A key role of standard setting organizations (SSOs) is to aggregate information on relevant intellectual property (IP) claims before deciding on a standard. This article explores the firms’ strategies in response to IP disclosure requirements—in particular, the choice...
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Lerner, Josh, Haris Tabakovic, and Jean Tirole. "Patent Disclosures and Standard-Setting." Harvard Business School Working Paper, No. 17-030, October 2016.
- Article
Copyright Infringement in the Market for Digital Images
By: Hong Luo and Julie Holland Mortimer
Digital technologies for sharing creative goods create new opportunities for copyright infringement and challenge established enforcement methods. We establish several important facts about the nature of copyright infringement and efforts to settle past infringing use...
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Luo, Hong, and Julie Holland Mortimer. "Copyright Infringement in the Market for Digital Images." American Economic Review: Papers and Proceedings 106, no. 5 (May 2016): 140–145.
- 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...
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Keywords:
Patent Aggregators;
Patent Litigation;
Patent Pools;
Patent Trolls;
Patents;
Lawsuits and Litigation;
United States
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.)
- 2016
- Working Paper
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
By: Feng Zhu
Strategy scholars have documented in various empirical settings that firms seek and leverage stronger institutions to mitigate hazards and gain competitive advantage. In this paper, we argue that such “institution-seeking” behavior may not be confined to the pursuit of...
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Keywords:
Patent Wars;
Patent Litigation;
Intellectual Property (IP) Enforcement;
Institutions;
Smartphone;
Patent Thicket;
Digital Platforms;
Patents;
Lawsuits and Litigation;
Globalized Markets and Industries;
Business Strategy;
Telecommunications Industry
Paik, Yongwook, and Feng Zhu. "The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market." Harvard Business School Working Paper, No. 14-015, August 2013. (Revised March 2016.)
- November 2015
- Article
Modularity and Intellectual Property Protection
By: Carliss Y. Baldwin and Joachim Henkel
Modularity is a means of partitioning technical knowledge about a product or process. When state-sanctioned intellectual property (IP) rights are ineffective or costly to enforce, modularity can be used to hide information and thus protect IP. We investigate the impact...
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Baldwin, Carliss Y., and Joachim Henkel. "Modularity and Intellectual Property Protection." Strategic Management Journal 36, no. 11 (November 2015): 1637–1655.
- June 2015 (Revised January 2017)
- Case
Epistar and the Global LED Market
By: Willy C. Shih, Chen-Fu Chien and Hung-Kai Wang
It took BJ Lee many years to learn how to navigate the patent minefield that was the global LED industry. When his company was first spun off from the Industrial Technology Research Institute in Taiwan, he thought the essence of a good IP strategy was to develop a...
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Keywords:
Intellectual Property Management;
Patenting;
Patent Litigation;
Intellectual Property;
Patents;
Electronics Industry;
Semiconductor Industry;
Asia;
United States;
Japan;
Taiwan
Shih, Willy C., Chen-Fu Chien, and Hung-Kai Wang. "Epistar and the Global LED Market." Harvard Business School Case 615-053, June 2015. (Revised January 2017.)
- 2014
- Working Paper
Modularity and Intellectual Property Protection
By: Carliss Y. Baldwin and Joachim Henkel
Modularity is a means of partitioning technical knowledge about a product or process. When state-sanctioned intellectual property (IP) rights are ineffective or costly to enforce, modularity can be used to hide information and thus protect IP. We investigate the impact...
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Keywords:
Modularity;
Value Appropriation;
Relational Contracts;
Clans;
Rights;
Complexity;
Intellectual Property
Baldwin, Carliss Y., and Joachim Henkel. "Modularity and Intellectual Property Protection." Harvard Business School Working Paper, No. 14-046, December 2013. (Revised June 2014.)
- Summer 2013
- Article
IP Modularity: Profiting from Innovation by Aligning Product Architecture with Intellectual Property
By: Joachim Henkel, Carliss Y. Baldwin and Willy C. Shih
Firms seeking to take advantage of distributed innovation and outsourcing can bridge the tension between value creation and value capture by modifying the modular structure of their technical systems. Specifically, this article introduces the concept of "IP...
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Keywords:
Modularity;
Value Appropriation;
Distributed Innovation;
Open Innovation;
Innovation Strategy;
Intellectual Property;
Value
Henkel, Joachim, Carliss Y. Baldwin, and Willy C. Shih. "IP Modularity: Profiting from Innovation by Aligning Product Architecture with Intellectual Property." California Management Review 55, no. 4 (Summer 2013): 65–82.
- Summer 2013
- Article
Strategic Management of Intellectual Property: An Integrated Approach
By: William W. Fisher III and Felix Oberholzer-Gee
In many organizations, the R&D, strategy, and legal functions are poorly integrated. As a consequence, firms miss opportunities to create and exploit the value of intellectual property. Functional silos are one reason for the lack of integration. More important,...
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Keywords:
Innovation Management;
Strategic Management;
Legal Aspects Of Business;
Licensing;
Law;
Innovation and Management;
Knowledge Management;
Intellectual Property;
Business Strategy
Fisher III, William W., and Felix Oberholzer-Gee. "Strategic Management of Intellectual Property: An Integrated Approach." California Management Review 55, no. 4 (Summer 2013): 157–183.
- 2012
- Working Paper
IP Modularity: Profiting from Innovation by Aligning Product Architecture with Intellectual Property
By: Joachim Henkel, Carliss Y. Baldwin and Willy C. Shih
In this paper we explain how firms seeking to take advantage of distributed innovation and outsourcing can bridge the tension between value creation and value capture by modifying the modular structure of their technical systems. Specifically, we introduce the concept...
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Keywords:
Modularity;
Value Appropriation;
Distributed Innovation;
Open Innovation;
Strategy;
Open Source Distribution;
Value;
Complexity;
Intellectual Property
Henkel, Joachim, Carliss Y. Baldwin, and Willy C. Shih. "IP Modularity: Profiting from Innovation by Aligning Product Architecture with Intellectual Property." Harvard Business School Working Paper, No. 13-012, August 2012. (Revised November 2012.)