Graduate Thesis Or Dissertation


Essays On Intellectual Property Litigation Public Deposited

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  • The last couple of decades have witnessed an increase in the number of patent litigations, especially in industries in which patents are a key source of competitive advantage. In my dissertation I examine how patent litigation between firms can influence outcomes at the firm level and at the individual level. In my first essay, I propose that patent litigation conveys negative information about start-ups to incumbent firms. Additionally, I propose that it also undermines the value of signals such as venture capital and alliance network prominence on the formation of alliances in the future. We suggest that these signals aid in the broadcast of the negative information which adversely impacts their prospects of forming alliances. In my second essay, we examine the impact of patent litigation on inventors. Specifically, we propose that such litigation impacts inventor’s mobility between firms, in addition to the collaborative relationships they form with inventors within the organization. We suggest that patent litigation, increases the costs associated with their reputation and costs associated with hiring. Additionally, due to an increase in search costs to find collaborators, an increase in costs of collaboration due to reputational concerns of the sued inventors, and the opportunity cost they have to endure to fight litigation, inventors can find it challenging to form relationships that help promote innovation within the firm. Finally, in my third essay, I compare the inclusion of exclusivity provisions in volitional licensing agreements and those that are signed as a result of settlement of patent litigation between parties. Specifically, we suggest that licensing agreements signed post settlement are less likely to include exclusivity provisions due to an increase in the transactional hazards between the parties. Evidence from our data suggest that while exclusivity is used as a contractual safeguard to protect licensee investments in complementary assets especially when there is uncertainty in the technology, this relationship is adversely impacted in the deals signed post settlement. Finally, we also examine the inclusion of exclusivity provisions in settlement contracts signed between parties that relied on relational governance mechanisms such as past licensing relationships. We suggest that it is hard to rebuild the trust that parties once had over repeated interactions with each other, which adversely impacts their choice to grant a partner exclusive access to technologies.

Date Issued
  • 2020-11-16
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Last Modified
  • 2022-12-13
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