To Sue or not to Sue: Co-opetition in the Patent Market

Yu Chao Cheng*, Yuhong Lan, Wenting Liu, Shang-Jyh Liu

*Corresponding author for this work

研究成果: Conference contribution同行評審

1 引文 斯高帕斯(Scopus)

摘要

The emergence of Non-Practicing Entities (NPEs) has drawn mixed responses from the Practicing Entities (PEs), suggesting sophisticated interactions between the two. The extant literature, however, focuses largely on the legal aggressiveness of NPEs, and the competition between NPEs and NPEs. Therefore, the aim of this study is to offer a more comprehensive view of the NPE-PE interactions, using "Game Theory". It is revealed in this study that, when encountering NPEs, PEs' decision is critical, and might often determine the outcome of the game. And the PEs' decision is predominantly influenced by the interplay of factors, such as "the requested royalties", the "cost of negotiation/litigation" and the "expectation of litigation outcome". Depending on the player's decision, the "NPE - PE Game" could develop into either competition (to sue) or cooperation (not to sue). In particular, NPEs with R&D capabilities are in a strong position to engage in technology transfer, and therefore can assume diverse roles, i.e. as both competitor and complementor, in the patent market. In conclusion, "NPE-PE game" could take many forms, such as licensing partnership, litigation counterparts, or a mixture of technology and patent transactions, and consequently drive the patent market dynamics in various ways.

原文English
主出版物標題2012 Proceedings of Portland International Center for Management of Engineering and Technology
主出版物子標題Technology Management for Emerging Technologies, PICMET'12
頁面1025-1033
頁數9
出版狀態Published - 1 十一月 2012
事件2012 Portland International Conference on Management of Engineering and Technology - Technology Management for Emerging Technologies, PICMET'12 - Vancouver, BC, Canada
持續時間: 29 七月 20122 八月 2012

出版系列

名字2012 Proceedings of Portland International Center for Management of Engineering and Technology: Technology Management for Emerging Technologies, PICMET'12

Conference

Conference2012 Portland International Conference on Management of Engineering and Technology - Technology Management for Emerging Technologies, PICMET'12
國家Canada
城市Vancouver, BC
期間29/07/122/08/12

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