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- August 2008 (Revised May 2009)
- Background Note
International Enforcement of U.S. Patents
By: Robert C. Pozen and Jordan Hirsch
A company that owns a U.S. patent can enforce its patent protections in three ways: by filing a lawsuit in U.S. federal district court, by bringing action in the International Trade Commission, or through the World Trade Organization. This note discusses the pros and...
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Pozen, Robert C., and Jordan Hirsch. "International Enforcement of U.S. Patents." Harvard Business School Background Note 309-022, August 2008. (Revised May 2009.)
- 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...
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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
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).
- 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.)
- 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’...
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Keywords:
Mobility;
Inventors;
Patent Enforceability;
Skills;
Strategic Human Capital;
Retention;
Innovation and Invention;
Intellectual Property
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.
- 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.
- 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.)
- July 2010
- Background Note
Remedies for Patent Infringement under U.S. Law
By: Lena G. Goldberg and Chad Carr
Under the U.S. Patent Act, a patent owner has a statutory right to exclude others from engaging in the unauthorized production, use, sale, or importation of a patented invention. This note examines how that right is enforced and what remedies a patent owner has when...
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Goldberg, Lena G., and Chad Carr. "Remedies for Patent Infringement under U.S. Law." Harvard Business School Background Note 311-020, July 2010.
- 27 Aug 2019
- News
New US Trademark Rules Raise Concerns About Immigration Enforcement
- January 1996
- Case
Outrage in Cyberspace: CompuServe and the GIF Patent
By: Josh Lerner and Benjamin Conway
CompuServe, an online services vendor, informs its software developers that they must enter into a licensing agreement to use the popular GIF compression. CompuServe claims that it is forced to do so because Unisys is enforcing its patent rights in this area. Others...
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Keywords:
Patents;
Technological Innovation;
Internet and the Web;
Information Technology;
Competitive Strategy;
Internet and the Web;
Web Services Industry
Lerner, Josh, and Benjamin Conway. "Outrage in Cyberspace: CompuServe and the GIF Patent." Harvard Business School Case 296-057, January 1996.
- 20 Aug 2014
- Research & Ideas
Dragging Patent Trolls Into the Light
exploiting inefficiencies in the legal system regarding how we define and enforce intellectual property rights." Add to those inefficiencies the fact that patents are not like other kinds of property,...
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- 27 Aug 2013
- Working Paper Summaries
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Industry
We investigate the effect of patent wars on firm strategy using data from the global smartphone market. In particular, we analyze how smartphone vendors not involved in patent litigation strategically respond to increased litigation risks in this industry. We find... View Details
- June 2003 (Revised May 2006)
- Case
Cipla
By: Rohit Deshpande and Laura Winig
The head of Cipla, a $325-million-dollar Indian pharmaceutical company and seller of low-cost AIDS drugs to South Africa, must decide what to do about Cipla's future. With India poised to enforce international patents in only two years, much of Cipla's product line...
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- 20 Feb 2014
- HBS Seminar
Feng Zhu, Harvard Business School
- 2007
- Working Paper
Noncompetes and Inventor Mobility: Specialists, Stars, and the Michigan Experiment
Several scholars have documented the positive consequences of job-hopping by inventors, including knowledge spillovers and agglomeration and the concentration of spinoffs. This work investigates a possible antecedent of inventor mobility: regional variation in the...
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Marx, Matt, Deborah Strumsky, and Lee Fleming. "Noncompetes and Inventor Mobility: Specialists, Stars, and the Michigan Experiment." Harvard Business School Working Paper, No. 07-042, January 2007.
- 26 Feb 2007
- Research & Ideas
The Power of the Noncompete Clause
that these effects were amplified for inventors with particular characteristics. As Marx explains, the results suggest that "star" or "specialist" inventors wishing to explore career opportunities may need to look outside a state that View Details
Keywords:
by Martha Lagace
- 10 May 2016
- First Look
May 10, 2016
property (IP) protection to safeguard their competitive advantages. However, the majority of recent patent litigation is driven by nonpracticing entities (NPEs), firms that generate no products but instead amass View Details
Keywords:
Carmen Nobel
- 09 Jun 2008
- Lessons from the Classroom
Monetizing IP: The Executive’s Challenge
What companies would you consider the exemplars in developing effective strategies for their IP? What makes these strategies so effective? A: We can consider a few examples of striking strategies: In several large companies, patent View Details
- 14 Feb 2019
- HBS Seminar