NDLI: An exploratory study of patent litigation behavior: Evidence from the smartphone industry

Content Provider	IEEE Xplore Digital Library
Author	Yu-Shu Peng I-Chung Liang
Copyright Year	2012
Description	Author affiliation: National Dong Hwa University, International Business Dept., Taiwan (Yu-Shu Peng; I-Chung Liang)
Abstract	This study aims at providing a framework to delineate the patent litigation behaviors based on the resource-based view, transaction cost economics, and the view of competitive dynamics. Empirical data were collected from the smartphone industry during the period from 2003 to 2011. Propositions are raised to illustrate how high-tech firms launch patent litigation attacks, including what focused patents are, whom firms are motivated to attack, when to initiate an attack, and where to file the lawsuit. We first conclude that a patent with higher value would be more likely to cause litigation. Second, the firm with a dominant design is more likely to be attacked by the incumbents through patent litigation while enjoying greater performance and the defendant usually initiates a countersuit against their competitors with their own patents. Third, the more important stake of the patents in dispute, the more likely the plaintiff will choose the courts skilled in dealing with the complexities of patent law and the technology at issue, and the more likely the patentee will file patent litigations in district court and International Trade Commission at the same time. The study not only contributes to the patent theory, but also benefits both firms from developing and developed countries in formulating offensive and/or defensive patent litigation strategies.
Starting Page	1014
Ending Page	1024
File Size	441117
Page Count	11
File Format	PDF
ISBN	9781467328531
e-ISBN	9781890843250
Language	English
Publisher	Institute of Electrical and Electronics Engineers, Inc. (IEEE)
Publisher Date	2012-07-29
Publisher Place	Canada
Access Restriction	Subscribed
Rights Holder	PICMET (Portland Intl conf on Manage
Subject Keyword	Patents Industries Technological innovation Companies Law Technology management
Content Type	Text
Resource Type	Article

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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