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    • All HBS Web  (127)
      • Faculty Publications  (38)

      Patent Litigation Remove Patent Litigation →

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      • 2022
      • Working Paper

      The Ties That No Longer Bind: Inventor Mobility and Patent Litigation

      By: Daniel Jay Brown and Maria Roche
      The retention of inventor-employees represents a core strategic concern for firms in innovative industries. In this paper, we examine the impact of reduced patent enforceability on the mobility of inventor-employees and explore the related influence on firms’...  View Details
      Keywords: Mobility; Inventors; Patent Enforceability; Skills; Strategic Human Capital; Retention; Innovation and Invention; Intellectual Property
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      Brown, Daniel Jay, and Maria Roche. "The Ties That No Longer Bind: Inventor Mobility and Patent Litigation." Harvard Business School Working Paper, No. 23-021, October 2022.
      • 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.)
      • 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.)
      • 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.
      • 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,...  View Details
      Keywords: Appropriation Strategy; Counterfeit; Intellectual Property Rights; Litigation; Value Capturing; Intellectual Property; Rights; Value; Lawsuits and Litigation; Global Range; Situation or Environment
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      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.
      • 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.
      • 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.
      • 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...  View Details
      Keywords: Patent Wars; Patent Litigation; Intellectual Property (IP) Enforcement; Institutions; Patent Thicket; Smartphone; Patents; Corporate Strategy; Mobile Technology
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      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...  View Details
      Keywords: CRISPR; Broad Institute; University Of California Berkeley; Intellectual Property; Patents; Law; Lawsuits and Litigation; Science; Genetics; Entrepreneurship; Biotechnology Industry; United States
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      Hamermesh, Richard G., and Matthew G. Preble. "The CRISPR-Cas9 Quarrel." Harvard Business School Case 817-020, October 2016. (Revised September 2017.)
      • 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.)
      • 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...  View Details
      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
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      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.)
      • 2015
      • Working Paper

      Financial Patent Quality: Finance Patents After State Street

      By: Josh Lerner, Andrew Speen, Mark Baker and Ann Leamon
      In the past two decades, patents of inventions related to financial services ("finance patents"), as well as litigation around these patents, have surged. One of the repeated concerns voiced by academics and practitioners alike has been about the quality of these...  View Details
      Keywords: Patents; Lawsuits and Litigation; Finance
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      Lerner, Josh, Andrew Speen, Mark Baker, and Ann Leamon. "Financial Patent Quality: Finance Patents After State Street." Harvard Business School Working Paper, No. 16-068, December 2015.
      • 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...  View Details
      Keywords: Intellectual Property Management; Patenting; Patent Litigation; Intellectual Property; Patents; Electronics Industry; Semiconductor Industry; Asia; United States; Japan; Taiwan
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      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.)
      • June 2015
      • Article

      Standard-Essential Patents

      By: Josh Lerner and Jean Tirole
      A major policy issue in standard setting is that patents that are ex-ante not that important may, by being included into the standard, become standard-essential patents (SEPs). In an attempt to curb the monopoly power that they create, most standard-setting...  View Details
      Keywords: Patents; Policy; Standards
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      Lerner, Josh, and Jean Tirole. "Standard-Essential Patents." Journal of Political Economy 123, no. 3 (June 2015): 547–586.
      • 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
      Citation
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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.)
      • 2014
      • Working Paper

      Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms

      By: Prithwiraj Choudhury and Tarun Khanna
      Since the 1990s, several Western firms have filed patents based on medicinal herbs from emerging markets, evoking protests from local stakeholders against 'bio-piracy'. We explore conditions under which firms and local stakeholders share rents from such patents. Our...  View Details
      Keywords: Rents From New Technology; Local Stakeholders; Herbal Patents; QCA; Fuzzy Set Analysis; Qualitative Case Studies; Plant-Based Agribusiness; Patents; Emerging Markets; Health Care and Treatment; Business and Stakeholder Relations; Cross-Cultural and Cross-Border Issues; Agriculture and Agribusiness Industry; Pharmaceutical Industry
      Citation
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      Choudhury, Prithwiraj, and Tarun Khanna. "Bio-Piracy or Prospering Together? Fuzzy Set and Qualitative Analysis of Herbal Patenting by Firms." Harvard Business School Working Paper, No. 14-081, February 2014.
      • January 2014
      • Supplement

      Fred Khosravi and AccessClosure (C)

      By: Richard Hamermesh and Lauren Barley
      On September 11, 2013, the three-judge panel of the U.S. Court of Appeals for the Federal Circuit denied St. Jude's request to rehear an appeal on the "double patenting" ruling for the '439 patent. Further, it removed the injunction threat that was hanging over the...  View Details
      Keywords: Medical Devices; Vascular Closure Device; Patent Litigation; Patenting; Biomedical Research; Biotechnology; Biotech; Technological Innovation; Patents; Health Care and Treatment; Biotechnology Industry; United States
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      Hamermesh, Richard, and Lauren Barley. "Fred Khosravi and AccessClosure (C)." Harvard Business School Supplement 814-074, January 2014.
      • October 2013 (Revised January 2014)
      • Supplement

      Fred Khosravi and AccessClosure (B)

      By: Richard G. Hamermesh and Lauren Barley
      It was January 2013, and Fred Khosravi, chairman of the board of AccessClosure Inc., wondered what the new year had in store for him and AccessClosure, the company he founded in late 2002. Khosravi was cautiously optimistic—the Mountain View, California-based medical...  View Details
      Keywords: Medical Devices; Vascular Closure Device; Patent Litigation; Patenting; Biomedical Research; Biotechnology; Biotech; Technological Innovation; Patents; Health Care and Treatment; Biotechnology Industry; United States; California
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      Hamermesh, Richard G., and Lauren Barley. "Fred Khosravi and AccessClosure (B)." Harvard Business School Supplement 814-038, October 2013. (Revised January 2014.)
      • November 2010
      • Article

      The Litigation of Financial Innovations

      By: Josh Lerner
      This paper examines the litigation of patents relating to financial products and services. I show that these grants are being litigated at a rate 27 to 39 times greater than that of patents as a whole. The patents being litigated are disproportionately those issued to...  View Details
      Keywords: Patents; Lawsuits and Litigation; Finance
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      Lerner, Josh. "The Litigation of Financial Innovations." Journal of Law & Economics 53, no. 4 (November 2010): 807–831.
      • September 2010 (Revised July 2013)
      • Case

      Alnylam Pharmaceuticals: Building Value from the IP Estate

      By: Willy C. Shih and Sen Chai
      The learning objective of this case is to help students recognize the interplay between intellectual property (IP) rights and corporate strategy. We do this by examining what is a fairly atypical circumstance today in which a single firm is able to secure what it...  View Details
      Keywords: Patents; Lawsuits and Litigation; Rights; Competitive Strategy; Corporate Strategy; Biotechnology Industry; Pharmaceutical Industry; United States
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      Shih, Willy C., and Sen Chai. "Alnylam Pharmaceuticals: Building Value from the IP Estate." Harvard Business School Case 611-009, September 2010. (Revised July 2013.)
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