Patent Litigation Strategy and Its Effects on the Firm

Patent Litigation Strategy and Its Effects on the Firm
Title Patent Litigation Strategy and Its Effects on the Firm PDF eBook
Author Deli Yang
Publisher
Pages 0
Release 2020
Genre
ISBN

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Patent litigation has attracted scholarly attention to reconcile multiple views for new research. Accordingly, this paper addresses patent litigation strategy and its effect on the firm. Based on 106 papers and articles, six books, the author's logic and practice impressions, it first defines patent litigation strategy and differentiates similar concepts. Second, based on the process, the author fine-tunes patent litigation strategy into three tactics: threat, filing and verdict. Then, she categorizes and examines the impact of patent litigation on market value, monetary gain/loss and strategic collaboration. The findings show that the effect on the market value is more complex and ambiguous than anticipated, and sometimes contradictory. The analysis shows the consistency of monetary effect in practice, that firms tend to have higher monetary gains from private settlement than from legal awards. It also demonstrates that existing studies lag behind reality in investigating the detailed role of patent litigation on strategic collaboration from partnership (e.g. licensing and strategic alliance) to takeover (i.e. merger and acquisition). Finally, the author reflects on the findings, and maps out critical paths toward new research. This process also reveals that stakeholders, industrial settings and country environments moderate the studied relationship. This paper contributes to knowledge and practice: appreciates the interdisciplinary endeavors to draw the findings; categorizes patent litigation and its effect; and critiques prior studies on the relationship to integrate knowledge for future research.

Patent Litigation Strategies

Patent Litigation Strategies
Title Patent Litigation Strategies PDF eBook
Author Carina Widd
Publisher VDM Publishing
Pages 84
Release 2010
Genre Patent suits
ISBN 9783639302349

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In today's global market place, companies are struggling to adapt to the emerging knowledge economy. Enforcement of patent rights is often complicated, expensive and time consuming; something which could leave the full potential of the patent protection unexploited. The use of patents needs to be efficient in order for the company to extract maximum value from these rights. A pro-active enforcement strategy is needed to ensure that the company is utilizing their patents to the fullest extent, in order to extract the most value. By outlining the judicial framework surrounding patent infringement in four different jurisdictions, a more clear understanding of risks and benefits can be discovered. The understanding of these differences that exist between these jurisdictions will ensure that companies locate their resources to the most efficient areas when enforcing and utilizing patents. By examining the approach companies have towards the use of their patents, some key areas when dealing with patent litigation strategy were assessed and a framework assisting a company to utilize its IP more efficiently was constructed.

The Influence of Strategic Patent Litigation on Firm Performance

The Influence of Strategic Patent Litigation on Firm Performance
Title The Influence of Strategic Patent Litigation on Firm Performance PDF eBook
Author Valerie Sara Josefine Beate Matheja
Publisher
Pages
Release 2020
Genre
ISBN

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Patent Strategy

Patent Strategy
Title Patent Strategy PDF eBook
Author Anthony L. Miele
Publisher John Wiley & Sons
Pages 261
Release 2002-02-28
Genre Law
ISBN 0471151181

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FROM PATENT TO PROFIT Patents and patent strategies are increasingly pertinent to the success of information age businesses, from affecting valuations to gaining tax advantages to increasing the starting price per share when taking a company public. Patent Strategy illustrates the impact patents can have on technology-driven businesses' tactical and strategic efforts. Here is step-by-step guidance to the patent process, the laws, and basic strategies-from a business-goal perspective-so that middle and upper-level managers can recognize the significance of patents in relation to a particular business and can incorporate proper patent management efforts into their business framework. In addition, this book serves as an invaluable reference for management and executives when making patent-related decisions such as whether a patent infringement study must be performed; whether the budget for patent matters should be increased or decreased; whether attempts should be made to license certain patent technology; and whether the firm should sue for patent infringement. * Case studies throughout the book give you a specific business context within which to consider the concepts introduced * Statistics are presented to assist you in assessing various issues, planning patent strategies, and implementing patent management programs

The Impact of Recent Patent Law Cases and Developments 2012

The Impact of Recent Patent Law Cases and Developments 2012
Title The Impact of Recent Patent Law Cases and Developments 2012 PDF eBook
Author
Publisher Aspatore Books
Pages 300
Release 2011-12
Genre Law
ISBN 9780314280152

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The Impact of Recent Patent Law Cases and Developments provides an authoritative, insiders perspective on key strategies for understanding important changes in patent law. Featuring partners from some of the nations leading law firms, these experts guide the reader through the process of interpreting recent decisions and updating client strategies in light of current developments. These top lawyers offer their insights on analyzing the implications of the Leahy-Smith America Invents Act, educating clients on new standards, and revising patent litigation strategies. From Bilski v. Kappos to Association for Molecular Pathology v. US Patent and Trademark Office, these authors discuss crucial cases in the area of patent law, and speculate on what patent reform will mean for practitioners going forward. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced attorneys offer up their thoughts around the keys to success within this ever-evolving field.

Patent Strategy

Patent Strategy
Title Patent Strategy PDF eBook
Author H. Jackson Knight
Publisher John Wiley & Sons
Pages 258
Release 2013-02-11
Genre Law
ISBN 0470057750

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As individuals and companies realise the importance of their inventions, issues surrounding patent laws and practices are taking centre stage around the world. Patent Strategy introduces researchers to patent applications and patent portfolios. With minimum use of ‘legal jargon’ it provides the technical professional with the assistance and advice they require to understand the legal complexities that they may encounter before and during a patent application. It also discusses the responsibilities of the researcher after patent applications have been filed and the role the researcher can play in the maintenance of a global patent estate. This updated edition of the best selling book has been expanded to keep pace with modern day movements and addresses the global issue surrounding intellectual property. Including new information on areas such as software and biotechnology it shows the techniques that can be used by individuals and academic inventors to protect their work and is the ideal reference source. Bridges the gap between the legal system and scientific research and avoids legal jargon Details the reasons behind patents, their importance and relevance to all researchers and the strategy needed for filing for a patent Focuses on the strategy and reasons rather than just being a textbook of patent law Presents an overview of tools a researcher can use while working with a patent attorney or agent Adopts a readable style that explains the basics right up to developing a strategy Essential reading for all those who wish to keep pace and protect their work Reviews from previous edition: "...I can recommend it for technology managing types. Does a nice job of explaining many aspects of the patent system and patent strategies with a minimum of jargon and case citations..." —Internet Patent News "...provides an enlightened approach to a complex subject. It is relatively easy to read and follow..." — Polymers Paint and Colour Journal "This handy book provides the researcher with useful guidance on how to maximize the benefit of their inventiveness to themselves and their organization". —Journal of Chemical Technology and Biotechnology

Patent policy change in the USA. An empirical analysis of the effect on patenting strategies

Patent policy change in the USA. An empirical analysis of the effect on patenting strategies
Title Patent policy change in the USA. An empirical analysis of the effect on patenting strategies PDF eBook
Author Alexander Mosen
Publisher GRIN Verlag
Pages 99
Release 2017-11-13
Genre Business & Economics
ISBN 3668568847

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Master's Thesis from the year 2016 in the subject Business economics - Operations Research, grade: 1,0, Technical University of Munich, language: English, abstract: This study investigates the impact of the recent US patent policy weakening around the America Invents Act, analyzing the US market for patent transactions. In an investigation of transactions derived from the USPTO’s Patent Assignment Database, we examine patent transfers between companies from 1995 until September 2015. Due to declining acquisitions, but increasing sales of patents conducted by patent trolls after 2012, our findings suggest that the business of patent trolls largely suffered from recent policy measures. Furthermore, we find that large patent trolls have changed their strategy towards splitting risk, as they recently tend to distribute their patent portfolio across different shell companies. However, we are unable to identify a decline concerning the activity of firms on the market for patent transactions, due to the weakening of patent protection. We ascribe the consistent level of participation on the market to a redistribution of intellectual property rights after the policy changes and to purchases motivated by speculations on a further policy reversal. Additionally, we observe an unexpected increase in patent sales to non-US companies in 2014 and 2015, as the slight decrease in patent purchases by other non-US companies is overcompensated by a growing number of transactions to Asian assignees.