Academic literature on the topic 'Patent Litigation Strategy'
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Journal articles on the topic "Patent Litigation Strategy"
Rudy, Bruce C., and Stephanie L. Black. "Attack or Defend? The Role of Institutional Context on Patent Litigation Strategies." Journal of Management 44, no. 3 (September 9, 2015): 1226–49. http://dx.doi.org/10.1177/0149206315605168.
Full textLee, Jong Seon, Nami Kim, and Zong-Tae Bae. "The impacts of patent litigation with NPEs on firms’ patent strategy." Academy of Management Proceedings 2018, no. 1 (August 2018): 16016. http://dx.doi.org/10.5465/ambpp.2018.16016abstract.
Full textSengupta, Mayuree. "How tall is your claim? Strategically acing patent scope." Strategic Direction 36, no. 4 (February 26, 2020): 1–3. http://dx.doi.org/10.1108/sd-10-2019-0204.
Full textYang, Deli. "Patent Litigation Strategy and Its Effects on the Firm." International Journal of Management Reviews 21, no. 4 (April 2, 2019): 427–46. http://dx.doi.org/10.1111/ijmr.12202.
Full textShih, Kuang-Hsun, Fu-Ju Yang, Jhih-Ta Shih, and Yi-Hsien Wang. "Patent Litigation, Competitive Dynamics, and Stock Market Volatility." Mathematics 8, no. 5 (May 14, 2020): 795. http://dx.doi.org/10.3390/math8050795.
Full textChen, Yi-Min, Yu-Ting Ni, Hsin-Hsien Liu, and Ying-Maw Teng. "Information- and rivalry-based perspectives on reactive patent litigation strategy." Journal of Business Research 68, no. 4 (April 2015): 788–92. http://dx.doi.org/10.1016/j.jbusres.2014.11.029.
Full textGross, Roy D. "HARMONIZING THE DOCTRINES OF ENABLEMENT AND OBVIOUSNESS IN PATENT LITIGATION." Pittsburgh Journal of Technology Law and Policy 12 (April 13, 2012): 238–54. http://dx.doi.org/10.5195/tlp.2012.97.
Full textLlobet, Gerard. "Patent litigation when innovation is cumulative." International Journal of Industrial Organization 21, no. 8 (October 2003): 1135–57. http://dx.doi.org/10.1016/s0167-7187(03)00057-2.
Full textKovac, Mitja, Salvini Datta, and Rok Spruk. "Pharmaceutical Product Liability, Litigation Regimes, and the Propensity to Patent: An Empirical Firm-Level Investigation." SAGE Open 11, no. 2 (April 2021): 215824402110094. http://dx.doi.org/10.1177/21582440211009470.
Full textKim, Sol Yi, Seong Taek Park, and Young Ki Kim. "Samsung - Apple Patent War Case Analysis: Focus on the Strategy to Deal with Patent Litigation." Journal of Digital Convergence 13, no. 3 (March 28, 2015): 117–25. http://dx.doi.org/10.14400/jdc.2015.13.3.117.
Full textDissertations / Theses on the topic "Patent Litigation Strategy"
Minns, Steven E. "Innovation, firm strategy and patent litigation." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/48578.
Full textBusiness, Sauder School of
Graduate
Fang, Jian-Shuen, and 方建舜. "A study on win/loss factors in patent litigations－Focusing on win rates, patent invalidation rates, patent prosecution management and patent litigation strategy." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/gy2dx7.
Full text國立交通大學
科技法律研究所碩士在職專班
105
This article discusses patent systems, patent infringement litigation win rates, and patent invalidation rates in Taiwan, the U.S., Germany, and Japan. The statistical results show that the win rates of patent infringement litigations in these countries are from 19% to 25% while the patent invalidation rates in Taiwan, Germany, and Japan are greater than 60%. The U.S. utilizes the discovery process, which is a unique and powerful evidence investigation process compared to other countries. However, the average win rate in the U.S. is merely 21.05% from 2008 to 2015. In Germany, infringement and validity issues of invention patents are dealt with by two different courts. A patent holder seeks to make a broad claim interpretation in infringement proceedings handled by the regional courts in order to cover the largest possible scope, whereas the same patent will have a narrow claim interpretation in validity proceedings handled by the German federal patent court, thereby avoiding revocations. When compared with Taiwan, the U.S. and Japan, the win rate in German needs to be appropriately calibrated due to its unique bifurcation system. In addition, although the regional courts adopted the "as a whole" approach when applying the doctrine of equivalents in patent infringement cases, the average win rate is still less than 25%. The invalidation rates through administrative procedures in Taiwan and Japan are from 48.04% to 50.56%. The invalidate rate through the inter partes reexamination procedures in the United States Patent and Trademark Office (USPTO) is even higher, up to 88%. Based on these statistics, the prior art search and examination conducted by the patent office examiners are obviously found to be not sufficient to verify the validity of granted patents. Thoroughly examining a patent’s validity and performing a correct and reasonable patent infringement analysis before filing a lawsuit are the important factors affecting the outcomes of patent infringement litigations. In addition, this article further analyzes the operation mode of patent prosecution management and the decision-making mode of patent litigation in industries and technology research institutes by using the qualitative research method, from the perspective of patent litigations, with in-depth interviews of focus groups. The relationships between litigation outcomes and IP/law firms providing patent drafting services, law firms dealing with patent litigations, and parties involved in patent litigations in Taiwan Intellectual Property Court are also quantitatively analyzed for further discussions on root causes affecting litigation win/loss outcomes.
Teng, Hsiao-Hwa, and 鄧曉華. "U.S. Patent Litigation Strategy Evaluation Model for Taiwanese Enterprises." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/06298487483531856883.
Full text中原大學
企業管理研究所
102
While the world technology has been rapidly developed and improved, the concept of intellectual property rights is also increasing. The function of patents is not only to present the new developed or innovated to the world, but also a protection of the technology. Moreover, it can be manipulated when facing competition in the market. By raising patent litigation is sometimes not prove who is right or wrong, it is a way to compete against others in the market, and to disturb and fight the competitors. As more and more patent litigations being raised nowadays, it would not just happen to the big enterprises. There is also possibility that small and medium sized enterprises may face threats from oversea patent litigations. Patent litigation may deeply affect the company operation. In the patent litigations, settlement does not mean loss in the competition. On the other hand, fighting for the final judgment does not mean wining in the case. The biggest concern is still the overall company operation and profit. This study will use Decision Making Trial and Evaluation Laboratory method to help the case company to find out the important key criteria during the beginning stage and later stage of the patent litigation. Help them to evaluate the prominence of each criterion and the relation between criteria. The case company can further evaluate the best strategy, whether to keep fighting or to settle, by evaluating the important criteria with its case situation, such as asserted patents, accused products, industrial and market, and case company’s financial situation. From the case study and analysis, the study discovered that the case company should carefully study whether its product can be designed around or not in the beginning of the patent litigation stage. If it can be designed around, it would be good for the company to reduce the threat from the patent. By the end of litigation, the scope of patent becomes the most important factor. It also tells the company should focus on having valued and attackable patent in order to protecting the company and keeping competitive.
Sun, Wei-Tung, and 孫偉棟. "Patent Litigation Strategy between Generic and Brand Name Pharmaceutical Companies." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/69405015059973402415.
Full text國立交通大學
科技法律研究所
102
Pharmaceutical industry is a complex business. While it is without a doubt that researching new drug is a capital-intensive and risky business; however, no all drug makers are engaged in this perilous endeavor. Broadly speaking, generic drug maker is an exception of this trend. By definition, pioneer drug maker, also known as brand name company, are referring to drug maker whose primary mode of business is engaging in researching new drugs; on the other side of the spectrum, is generic drug maker. Generic drug maker are pharmaceutical company that primarily engaged in manufacturing of known drugs whose patent term already expired. From public policy’s perspective, both types of company are useful. Brand name company provides new pharmaceutical innovation and improvement; while generic company facilitates accessibility and provides more economically friendly drug to general public and healthcare provider alike. This conflicting interest will be the main theme throughout this paper and how brand name and generic company use litigation, especially asserting patent right, to further each their own interests i.e. Brand name will want to delay the entrance of generic drug into the market for as long as possible; in contrast, generic drug maker will want to market its drug as soon as possible. This paper will begin by providing an introduction on the history of pharmaceutical industry and its unique characteristics that distinguish this industry from other business. Followed by an introduction on U.S. drug market and some of U.S.’s earlier attempt to control the conflicting interests between brand name and generic drug maker, this paper will start in earnest by providing a critical analysis on Hatch-Waxman Act and patent linkage system that comes with it. The author will comment on some of act’s success and failure and how it opens an era of wild litigation battles between brand name and generic companies. Following Hatch-Waxman Act is another revolutionary piece of legislation known as “Medicare Prescription Drug, Improvement, and Modernization Act” which is American’s attempt to fix problems and abuse created or afforded by Hatch-Waxman Act. As will discuss in detail in this paper, while Medical Moderation Act did successful in eliminating some of the problems that have plagued Hatch-Wax Act for decades, some of its problem remain unresolved and some of act’s half measure inadvertently opens door for more abuses. However, U.S. is certainly not the only country in the world that had become battleground for pharmaceutical companies. This paper will provide a comparison of different regulatory regime implemented by Australia, Canada and Korea to combat these problems. In the latter part of this paper will present some of uniquely Taiwan element that will play a significant role in re-balance the interests. Finally, though Taiwan have yet to fully adopt the American system in controlling drug marketing process, many of the multinational brand name company have already tried their legal tactic used in States in Taiwan’s court. Hopefully, this paper will provide some observation to Taiwan’s court and legislators when or if Taiwan decides to fully implement American system.
Hsu, Shu-Ya, and 許淑雅. "Empirical Study on the Litigation Strategy for Semiconductor Patent Licensing." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/07200501036145654159.
Full text國立交通大學
管理學院科技法律學程
103
Taiwanese companies used to consider the value of a patent portfolio as a defense line against royalty-seeking licensors for reducing the royalty payout. Recently, some companies have realized that patent licensing may be a more profitable and efficient way to monetize the fruit of R&;D, i.e. the intellectual properties, than actually manufacturing products. People now are reviewing every piece of intellectual property carefully and aggressively, evaluating every opportunity that may bring in cash. If Taiwanese companies are able to switch their mindset about the application of intellectual property to a more active position through following and understanding the latest development of intellectual property monetization, they may be able to get more profits out of their intellectual property. This research is trying to figure out ways to achieve the goal by analyzing published information about licensing data and litigation expenses in real cases. The goal is to provide a guideline for patentees to trim the litigation strategy regarding suits for licensing. By applying empirical research, several economic factors are analyzed. This research finds that in cases the revenue of a defendant has not rapidly increased and remained stable during the 6-year period prior to the litigation, settlement usually can be reached faster in order to reduce litigation cost, and vice versa. If the asserted patent has high likelihood to be invalid in the final judgment, then the defendant prefers to defend seriously rather than pay licensing fee easily, therefor delay the settlement. Listing defendant’s major customers as co-defendants is found useful for shortening the time to settlement. A counter suit or declaration judgment action raised by defendant will increase the litigation cost, reduce the possible compensation, and severely impact the litigation economics. Therefore, as a patentee, one should well set up the litigation strategy and evaluate the risk of counter action in advance before filing a lawsuit. The considered maters include patent strength, major and co-defendants, litigation court, law firm selection, cost control, settlement condition. It is even better to estimate the economic effect for filing this lawsuit against the identified defendants.
Wu, Chun-Yen, and 吳俊彥. "Theory of Constraints Applied to the Litigation Strategy of Patent." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/02596282340495631602.
Full text朝陽科技大學
企業管理系碩士班
96
The patent law of R.O.C. Taiwan has been decriminalized entirely since March 31, 2003. Although the enforcement date of the newly enacted Intellectual Property Case Adjudication Act has not been determined, we can assure that the previous anti-counterfeits strategy “imposing criminal penalty to create negotiation chips on civil dispute” will not be applied, and the significance of litigation strategy has been increased day by day. However, in the following patent infringement litigations, the scope that patentees have to evaluate in their process of constructing litigation strategy has been immediately expanded to many layers including purposes, infringers, damages, preventive proceeding, validity of patents, patent infringement analysis, right abusing, market interests, and lawsuit cost. Supposing it does not exist a scientific and precise thinking method which can be utilized in patentees’ strategy analysis and profit/loss calculation, so as to develop a proper litigation strategy, patentees will fall into a dilemma of whether to file litigation or not when their patents are infringed. On one hand, they are afraid of being unable to burden excessive lawsuit cost and gain sufficient damages to compensate their loss; on the other hand, they may fail to endure the market competition triggered from infringers and the consequential loss if they do not file litigation. Eliyahu M. Goldratt, a physical scientist from Israel, created a management theory in 1980’s focusing on analyzing “constraints”, which is named as Theory of Constraints (shortened as TOC). This TOC theory, focusing on management of common sense and based on a precise logical cause and effect coherence, developed a thinking method. The solution coming by utilizing this thinking method could obtain superb results. The research thus adopts this thinking method in an attempt to develop a better solution for the strategy construction of patent litigation to control the risk, lower cost, and improve profits, thus allowing the litigation strategy meets the economic demand which behind the patent litigations.
Yang, Chung-Ming, and 楊崇銘. "The Defense Strategy of Defendant in Patent Infringement Litigation from File History─The Adiabatic Sheet Patent." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/57747083533996708385.
Full text國立中興大學
科技法律研究所
99
The patent file history is like the “Food Traceability” in modern technological agriculture, the difference is that the “Food Traceability” is independently completed by the “recorder”. All the recording, from the beginning, the exact method of spraying the fertilizer, the degree of fertilization to the duration of each stage, are irreversible from the time perspective. Hence, it is almost not able to be verified for the facts at that specific time by the third party while the biggest differences “the Patent File History” possess are: first, this history will be done by not only the patent applicant but also the official patent authorization organization and any third party which means they will all be the co-lexicographers of this file. Second, the file records every event at every time point, and most important is that the details and contents for everything that happened can be reversed and inserted are recorded like depositions. In the patent infringement litigations, the defendants are usually in the disadvantaged positions, at most, they often defend the enforced objects are perceived as the common way in the business and do not recognize the existence of patents. However, they do not realize the patent gazette is to inform the public. So that if they want to do further effective defense, they will have to find the evidences to prove what they said “the prior art” are. Also, they should be alleged by data acquired from previous patent case. From the defense that the patent right holder used for his own right, the clear meaning of the wording used to apply for the patent is ensured. And the defense can be applicable for “File Wrapper estoppel” in the future. Last, the range of the patent right claims should be well defined so that it can clarify whether the object truly infringe the scope of the patent, and further, if the result of allegation forces to limit the scope of the patent so to have revocation of the patent right that in these two situations, the defendants can have proactive and effective defense of “non-patent infringement”.
CHEN, SHAU-LIANG, and 陳紹良. "The Study of Strategy to Foreign Patent Litigation ~ Focusing on U.S. Patent Post-Grant Administrative Remedies Procedures ~." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/bpd6bh.
Full text東吳大學
法律學系
104
Since the USPTO has successfully implemented the AIA provisions, patent post-grant administrative remedies program is diverse, it has become the fully consider proceedings of the infringement. On September 16, 2011, President Barack Obama signed the Leahy-Smith America Invents Act (AIA), the most significant reform to the U.S. patent system in 60 years. Over the past four years, the USPTO acted to implement the AIA provisions that were designed to spur innovation and economic growth by streamlining the patent application process and enhancing patent quality. There have been more than 5,202 inter partes review (IPR), covered business method review (CBM), and post-grant review (PGR) petitions filed since the inception of the AIA. This article discusses typical timelines and procedures and highlight important milestones in IPR, PGR and CBM procedures. This article also analyzes PTAB accumulated cases nearly four years of statistics, studying the empirical study tracking the outcome of IPRs and their impact on co-pending litigation. Providing advice to Taiwan enterprises in the international business field menaced by US patent litigation using the administrative remedy system to form the patent litigation offensive and defensive strategies. From the perspective of Taiwan enterprises are the patentee, the accused infringers and other than the patentee and accused infringers to provide a different offensive and defensive strategies. This article also analyzes the reasons of IPR institution and not institution and discusses the deciscion of case to predict the possible impact. The AIA provides that a patent owner may file a motion to amend its claims during a trial. Although this statutory authority theoretically presents patent owner with an opportunity to overcome damaging prior art cited in an IPR petition, in practice patent owner have had difficulty getting proposed amendments allowed in IPR proceedings. The importance of claim and specification drafting is heightened because the ability to amend claims in IPRs has been virtually nonexistent. Forward looking claim and specification drafting, prosecution, reexamination and reissue practice may help better the patent owner’s odds. This article offeres some suggestions to Taiwan enterprises menaced by US patent litigation, using patent post grant administrative remedies procedures to create a more advantageous commercial value.
施學浩. "Management Strategy for Patent Portfolio and Litigation—Empirical Study on Taiwan Semiconductor and IC Electronics Industries." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/71330698552374861629.
Full text國立交通大學
管理學院碩士在職專班科技法律組
98
Taiwan semiconductor and IC electrics industries were well established in pass few decades. The creative development of technology and effective manufacture both locate at cutting edge in the era. However, the management of patent portfolio is not adequate as strength weapon during patent litigation filed by competitors. Sometime loss in the litigation, the damage recovery for the patent infringement is dramatically higher than the profiles they earned in pass years. The resources for patent portfolio are generally from internal invention disclosure, acquisition during company merge and directly purchase from patent marketing. How did Taiwan companies assert their own patents in patent litigation or negotiation against the competitors? Which patent source is an effective weapon as counter suit in patent litigation? Empirical study and methodology were applied to analyze and to summarize the management of patent portfolio in Taiwan semiconductor and electrics industries. For approach, the companies are divided into 3 groups according to the stages of industrial development. The stages of industrial development were defined by their total patents. Most of the companies with less than 100 patents asserted their patents which were purchased from patent marketing in patent litigation. Most of companies with around 100 to 1500 patents asserted their patents which were acquired by company merge in patent litigation. Most of companies with more than 1500 patents asserted their patents which were created by their own invention disclosure in patent litigation. The results from empirical study are inducted to a simple model as the suggestion on the strategy and methodology for the management of patent portfolio. The model is suitable for Taiwan companies in different stages of industrial development.
Ni, Yu-ting, and 倪鈺婷. "The Impact of Strategic Group and Asymmetric Information on Strategic Analogy and Reactive Patent Litigation Decision." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/26497708326624557372.
Full text國立高雄大學
亞太工商管理學系碩士班
102
How to react to a patent litigation complaint has become an interdisciplinary issue across legal and strategic management fields. In legal field, previous literature has focused on the legitimizing aspects and the political aspects of intellectual property laws. However, little legal scholars have devoted little attention on the importance of managing legal dimensions of business. In strategic management field, business strategy scholars from a range of disciplines have proposed numerous theories of patent litigation. We organize these theories into two broad categories: (a) information-based theories, and (b) rivalry-based theories. Thus, this study following the information-based theories and rivalry-based theories proposes that a firm’s reactive patent litigation strategy’s success is determined not only by the power of analogical transfer but also by how well managers make effective use of strategic analogy drawn from asymmetric information and market rivalry in a strategic group. By applying an experimental design method to develop scenarios for top executives of SMEs, the results show that a theoretical framework of asymmetric information, competitive rivalry in a strategic group and market positions affect a firm’s reactive patent litigation strategy. In addition, when facing intensive competitive rivalry in strategic group, top executives tend to use the power of strategic analogy as the decision-making guideline, and then have more willingness to make a reactive patent litigation strategy. However, although top executives still use the power of strategic analogy as the decision-making guideline when facing highly asymmetric information in the market, they tend not to adopt a reactive patent litigation strategy. These findings broaden the information-based and rivalry-based theory’s explanations of reactive patent litigation decision-making.
Books on the topic "Patent Litigation Strategy"
Moore, Kimberly Pace. Patent litigation and strategy. St. Paul, Minn: West Group, 1999.
Find full textMoore, Kimberly A. Patent litigation and strategy. 3rd ed. St. Paul, MN: Thomson/West, 2008.
Find full textMoore, Kimberly Pace. Patent litigation and strategy. 2nd ed. St. Paul, MN: Thomson/West, 2003.
Find full textMurphy, John, Kimberly Moore, and Timothy Holbrook. Patent Litigation and Strategy. West Publishing Company, College & School Division, 2018.
Find full textDavid, Wilson, ed. International patent litigation: Developing an effective strategy. London: Globe Law And Business, 2009.
Find full textRoberts, Gwilym. International Patent Litigation: Developing an Effective Strategy, Second Edition. Globe Law and Business Limited, 2018.
Find full textHoyng, William A., and Frank W. E. Eijsvogels. Global Patent Litigation: Strategy and Practice (Supplemented Annually). Kluwer Law International, 2006.
Find full textBooks, Aspatore. Developing a Patent Strategy: Infringement, Litigation, and Protection for Businesses. Aspatore Books, 2005.
Find full textDeveloping a patent strategy: Leading lawyers on infringment, litigation, and protections for businesses. Boston, MA: Aspatore Books, 2005.
Find full textBook chapters on the topic "Patent Litigation Strategy"
Myers, James D., Brian P. O'Shaughnessy, and Robert W. Glatz. "Substantive Aspects of Patent Litigation." In The Law and Strategy of Biotechnology Patents, 201–29. Elsevier, 1994. http://dx.doi.org/10.1016/b978-0-7506-9444-5.50021-8.
Full textMyers, James D., and Robert W. Glatz. "Procedural Aspects of Patent Litigation." In The Law and Strategy of Biotechnology Patents, 231–52. Elsevier, 1994. http://dx.doi.org/10.1016/b978-0-7506-9444-5.50022-x.
Full textSomaya, Deepak. "How Patent Strategy Affects the Timing and Method of Patent Litigation Resolution." In Advances in Strategic Management, 471–504. Emerald Group Publishing Limited, 2016. http://dx.doi.org/10.1108/s0742-332220160000034014.
Full textNERKAR, A., S. PARUCHURI, and M. KHAIRE. "Business Method Patents as Real Options: Value and Disclosure as Drivers of Litigation." In Advances in Strategic Management, 247–74. Elsevier, 2007. http://dx.doi.org/10.1016/s0742-3322(07)24009-4.
Full textSwensen, Stephen J., and Tait D. Shanafelt. "The Business Case." In Mayo Clinic Strategies To Reduce Burnout, edited by Stephen J. Swensen and Tait D. Shanafelt, 25–36. Oxford University Press, 2020. http://dx.doi.org/10.1093/med/9780190848965.003.0004.
Full textXiaohui, Tao, Zhang Yaohui, and Zhou Yi. "The Management System of Enterprises’ Intellectual Property Rights." In Digital Rights Management, 1092–106. IGI Global, 2013. http://dx.doi.org/10.4018/978-1-4666-2136-7.ch053.
Full textConference papers on the topic "Patent Litigation Strategy"
Liu, Qi, Han Wu, Yuyang Ye, Hongke Zhao, Chuanren Liu, and Dongfang Du. "Patent Litigation Prediction: A Convolutional Tensor Factorization Approach." In Twenty-Seventh International Joint Conference on Artificial Intelligence {IJCAI-18}. California: International Joint Conferences on Artificial Intelligence Organization, 2018. http://dx.doi.org/10.24963/ijcai.2018/701.
Full textXue, Ming-gao, and Li-li Su. "Optimal patent licensing strategy in patent litigation." In 2012 International Conference on Management Science and Engineering (ICMSE). IEEE, 2012. http://dx.doi.org/10.1109/icmse.2012.6414382.
Full textHsu, Bo-Xiang, and Yi-Min Chen. "Managerial Cognitive Capability Approach to Reactive Patent Litigation Strategy." In the 5th Multidisciplinary International Social Networks Conference. New York, New York, USA: ACM Press, 2018. http://dx.doi.org/10.1145/3227696.3227700.
Full textWang, Yu-Hui. "Exploring Evolution of Patent Litigation and Licensing Strategy: The Case of Philips's Light Emitting Diodes (LED) Patents." In 2018 10th International Conference on Advanced Infocomm Technology (ICAIT). IEEE, 2018. http://dx.doi.org/10.1109/icait.2018.8686711.
Full text