Search results1 – 10 of 15
Patent litigation consists of non-market actions that firms undertake to access intellectual property rights defined by prior legislation and enforced by the courts. Thus…
Patent litigation consists of non-market actions that firms undertake to access intellectual property rights defined by prior legislation and enforced by the courts. Thus, patent litigation provides an interesting context in which to explore aspects of firm’s non-market strategies. In contrast with prior non-market strategy research that has largely focused on how political institutions define the rules of the game for market competition, non-market actions within patent litigation primarily seek to access and apply these broad policies to specific situations, products, or assets that matter to the firm. Furthermore, because such non-market actions are directly influenced by the firms’ market strategies, they represent a promising area for research on integrated (market and non-market) strategies as well.
The goal of this paper is to explain how generic patent strategies that firms use to support their competitive advantage in the product-market influence non-market outcomes related to the timing of patent litigation resolution. In contrast with prior research that has studied settlement in patent litigation essentially as a one-shot bargaining game, this paper seeks to explain litigation resolution as an outcome of the competing mechanisms of settlement and adjudication that operate continually during litigation. Using a large sample of patent litigations in research medicines and computers, I model the timing of patent litigation resolution in a proportional hazards framework, wherein settlement and adjudication are competing risks. The evidence found is consistent with the proposition that the speed with which patent litigation is resolved by either settlement or adjudication reflects the use of proprietary, defensive, and leveraging patent strategies by firms. These findings also help to explain unexpected and anomalous findings regarding the settlement of patent litigation reported in prior research.
Patent litigation has been rising rapidly in the United States since the mid-1980s, and particularly so in high-technology industries. The strategies pursued by firms with…
Patent litigation has been rising rapidly in the United States since the mid-1980s, and particularly so in high-technology industries. The strategies pursued by firms with their patents have a significant influence on their decisions to file suit, and on the outcomes within litigation. The influence of strategic motivations on settlement outcomes is studied in two illustratively different industries – computers and research medicines. Evidence is found for two types of influences – the use of patents (as isolating mechanisms) to protect valuable strategic stakes, and their “defensive” role in obtaining access to external technologies (through mutual hold-up).
This paper examines the extent to which different sources of ideas for innovation are associated with novelty of innovation outcomes. We measure the novelty of product…
This paper examines the extent to which different sources of ideas for innovation are associated with novelty of innovation outcomes. We measure the novelty of product innovation using three well-established categories, ranging from highly novel new-to-world products to new-to-firm products that are essentially imitative, with products that are new-to-country (but not the world) being an intermediary category. In turn we investigate how knowledge derived from different external and internal (within-firm) sources of ideas can help firms increase innovation with different degrees of novelty. Our empirical analyses are conducted on a large sample of manufacturing firms from the South American emerging market of Colombia and show that many of the same sources of knowledge – such as scientific sources, production departments and managers – are associated with higher innovation in all three categories of novelty. However, some sources – notably external clients and internal interdisciplinary groups – are more significantly associated with more novel innovation than imitation. The implications of these findings for the literatures on innovation and imitation, and innovation by emerging market firms are discussed.
Research on employee mobility has proliferated in the past four decades across four research traditions: Economics, sociology, management, and organizational…
Research on employee mobility has proliferated in the past four decades across four research traditions: Economics, sociology, management, and organizational behavior/human resource management. Despite significant overlap in interest and focus, these four streams of research have evolved independent from each other, resulting in a structural divide. We provide a detailed account of the research on employee mobility and the structural divide across disciplines. We document that the payoff from this profusion of research and increasing interest has been disappointing, as reflected in the limited number of cross-disciplinary citations, even among common topics of interest. However, our analysis also provides some encouraging signs in the form of specific journals and individuals who provide a bridge for cross-disciplinary fertilization.
Although issues of intellectual property rights would seem to be ones of interest only to obscure groups of academics and lawyers, they have become topics of everyday discussion among the regular population. Alleged copyright infringements by teenagers downloading music from the internet and accompanying threats of prosecution as well as charges of strategic patenting to harm competitors in recent high profile antitrust cases have placed intellectual property into public and political debate.