The Innovative Cooperation Model of NPE and Operating Company-the Dynamic Competitive Perspective on U.S. District Court Cases

• Main Author: 翁宏義
• Other Authors: 許牧彥
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/41078526594002981005

碩士 === 國立政治大學 === 科技管理與智慧財產研究所 === 104 === From 2010 through 2015, the patent litigation cases relating to NPEs (Non-practicing entities) have been doubled twice which was over 3,800 cases in 2015. Most of the increase of patent litigation cases were brought by PAEs (Patent assertion entities), one of the four types of NPEs defined in this article. It is suggested that more patent litigations cases will not only distract the management of the operating companies from research and development for innovations, but also additionally contribute resources for obvious patent litigation costs. One of the observations of this article is that even the total amount of the patent litigation cases relating to NPEs was increasing, some of the operating companies were still able to decrease the patent litigation cases against them incurred by NPEs. This is one phenomena that can only be explained by dynamic competition theories (a.k.a. competitive dynamics) that this article addresses by empirically investigates the statistical information from the official databases and records of U.S. courts (Public Access to Court Electronic Records, PACER) and analyzes the results with specific cases by Awareness-Motivation-Capability (AMC) framework introduced by said dynamic competition theories. It was found in this article that to collaboratively establish innovative cooperation models by the NPE and the operating company (Focal firm), especially through contributing capability from the focal firm to the NPE for establishing the indirect cooperation models can be beneficial to both for competition advantages in the product market (for the focal firm) and the patent licensing market (for the NPE) respectively.