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- Faculty Publications (62)
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- All HBS Web (129)
- Faculty Publications (62)
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- 22 Jan 2016
- Working Paper Summaries
Financial Patent Quality: Finance Patents After State Street
- 2006
- Other Unpublished Work
Does Competition Increase Patent Litigation? Empirical Evidence of Strategic Patenting in the Telecom Equipment Industry
By: Juan Alcacer and Rachelle C. Sampson
Anecdotal evidence suggests that patent litigation has increased in the last 20 years as firms in knowledge intensive industries use patents more frequently to protect their knowledge stocks and managers focus on extracting new revenue streams from existing patent...
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- 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...
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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
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.
- 2024
- Working Paper
Product Liability Litigation and Innovation: Evidence from Medical Devices
By: Alberto Galasso and Hong Luo
We examine the relationship between product liability litigation and innovation by systematically
combining data on product liability lawsuits with data on new product introductions in a panel dataset of
leading medical device firms. We first document a decline in...
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Keywords:
Lawsuits and Litigation;
Product Development;
Technological Innovation;
Safety;
Governing Rules, Regulations, and Reforms;
Medical Devices and Supplies Industry
Galasso, Alberto, and Hong Luo. "Product Liability Litigation and Innovation: Evidence from Medical Devices." Harvard Business School Working Paper, No. 24-063, March 2024.
- Article
Policy Implications of Weak Patent Rights
By: James J. Anton, Hillary Greene and Dennis Yao
Patents vary substantially in the degree of protection provided against unauthorized imitation. In this chapter we explore a range of work addressing the economic and policy implications of "weak" patents—patents that have a significant probability of being overturned...
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Keywords:
Patents;
Motivation and Incentives;
Entrepreneurship;
Competition;
Policy;
Innovation and Invention;
Rights;
Monopoly;
Business Startups
Anton, James J., Hillary Greene, and Dennis Yao. "Policy Implications of Weak Patent Rights." Innovation Policy and the Economy 6 (2006): 1–26. (Harvard users click here for full text.)
- 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.)
- 20 Aug 2014
- Research & Ideas
Dragging Patent Trolls Into the Light
role by sticking up for small inventors, going up against big companies that steal the ideas of entrepreneurs who are unable to fight their own legal battles. (NPEs acquire patents either by purchasing them from companies, inventors, and...
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- 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...
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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
Hamermesh, Richard G., and Lauren Barley. "Fred Khosravi and AccessClosure (B)." Harvard Business School Supplement 814-038, October 2013. (Revised January 2014.)
- March 2023
- Article
Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits
By: Elisabeth Kempf and Oliver Spalt
This paper provides novel evidence suggesting that securities class action lawsuits, a central pillar of the U.S. litigation and corporate governance system, can constitute an obstacle to valuable corporate innovation. We first establish that valuable innovation output...
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Keywords:
Class-action Litigation;
Turnover;
Lawsuits and Litigation;
Innovation and Invention;
Risk and Uncertainty
Kempf, Elisabeth, and Oliver Spalt. "Attracting the Sharks: Corporate Innovation and Securities Class Action Lawsuits." Management Science 69, no. 3 (March 2023): 1323–1934.
- 27 Aug 2013
- Working Paper Summaries
The Impact of Patent Wars on Firm Strategy: Evidence from the Global Smartphone Market
- 16 Jan 2014
- Research & Ideas
Resolving Patent Disputes that Impede Innovation
Land Rover, for instance, while the Universal Serial Bus (USB) helps standardize the connection of countless computer peripherals. Intellectual property owners often strive to have their patents included in these standards, such that in...
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- 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...
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Keywords:
Medical Devices;
Vascular Closure Device;
Patent Litigation;
Patenting;
Biomedical Research;
Biotechnology;
Biotech;
Technological Innovation;
Patents;
Health Care and Treatment;
Biotechnology Industry;
United States
Hamermesh, Richard, and Lauren Barley. "Fred Khosravi and AccessClosure (C)." Harvard Business School Supplement 814-074, January 2014.
- 19 May 2016
- Research Event
Crowdsourcing, Patent Trolls, and Other Research Insights Highlighted at Harvard Business School Symposium
invent a product, a large company can’t just swoop in and steal it and dare the little guy to fight it. NPEs claim they are protecting these little guys. Opponents, however, say they are exploiting imperfections in the legal system. Cohen found a hotspot for View Details
Keywords:
by Dina Gerdeman & Carmen Nobel
- 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.
- July 2008 (Revised August 2008)
- Supplement
Fidelity Investments' Charitable Gift Fund (B)
By: Robert C. Pozen
The (B) case informs students of Fidelity's decision about pursuing a business process patent for its charitable gift fund and describes subsequent litigation and lawsuits filed by other companies over business process patent issues.
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Pozen, Robert C. "Fidelity Investments' Charitable Gift Fund (B)." Harvard Business School Supplement 309-003, July 2008. (Revised August 2008.)
- May 2010 (Revised May 2013)
- Case
C.K. Claridge, Inc.
Sued for patent infringement, chemical manufacturer C.K. Claridge tries to design a settlement strategy taking into account a decision analysis of litigating v. negotiating. The plaintiffs are the patent holder and its sole licensee, who is also a CKC competitor. (This...
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Keywords:
Decision Making;
Patents;
Lawsuits and Litigation;
Negotiation Style;
Negotiation Tactics;
Chemical Industry
Sebenius, James K. "C.K. Claridge, Inc." Harvard Business School Case 910-045, May 2010. (Revised May 2013.)
- August 2005 (Revised April 2006)
- Case
Rambus Inc., 2005
By: David B. Yoffie
Rambus is grappling with the ever-changing dynamics of the DRAM/semiconductor industry. The company is actively defending its patent portfolio through litigation and exploring both partnerships and industry standards for keys to future profitability and growth. How can...
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Keywords:
Competition;
Partners and Partnerships;
Lawsuits and Litigation;
Growth and Development Strategy;
Semiconductor Industry;
United States
Yoffie, David B. "Rambus Inc., 2005." Harvard Business School Case 706-416, August 2005. (Revised April 2006.)
- April 2006 (Revised March 2007)
- Case
Southern States Communications
By: Constance E. Bagley and Michael B. Keating
Managers receiving letters claiming that their products or services violate the intellectual property rights of another sometimes have a tendency to ignore them after their technical staff advises them that the claims have no merit. Illustrates the perils of that...
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Bagley, Constance E., and Michael B. Keating. "Southern States Communications." Harvard Business School Case 806-170, April 2006. (Revised March 2007.)
- 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...
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Keywords:
Patents;
Lawsuits and Litigation;
Rights;
Competitive Strategy;
Corporate Strategy;
Biotechnology Industry;
Pharmaceutical Industry;
United States
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.)
- 27 Aug 2013
- First Look
First Look: August 27
Evidence from the Global Smartphone Market By: Paik, Yongwook, and Feng Zhu Abstract—We examine how patent wars affect firm strategy. We hypothesize that, as patent wars intensify, firms shift their business...
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Keywords:
Sean Silverthorne