Exploring the Boundaries of Patent Commercialization Models via Litigation

Sammanfattning: This thesis explores direct patent commercialization via patent assertion, particularly patent infringement litigation, a complex nonmarket activity whose successful undertaking requires knowledge, creativity, and financial resources, as well as a colorable infringement case. Despite these complexities, firms have increasingly employed patents as competitive tools via patent assertions, particularly in the United States. This thesis explores the business models that have been created to facilitate the direct monetization of patents. Since secrecy underpins the patent assertion strategies studied, the thesis is based on rich and enhanced secondary data. In particular, a data chaining technique has been developed to assemble relevant but disparate data into a larger coherent data set that is amenable to combination and pairing with other forms of relevant public data. This research has discovered that one particularly successful business model that employs a leveraging strategy, known as the non-practicing entity (“NPE”), has itself spawned at least two other business models, the highly capitalized “patent mass aggregator” and the “patent privateer.” The patent privateer, newly discovered in this research, is particularly interesting because it provides a way for firms to employ patents to attack competitors by forming specialized NPEs in a manner that essentially expands the boundaries of the firm. This research has also examined plaintiff firm management processes during litigations brought under leveraging and proprietary strategies, the two patent litigation strategies in which firms affirmatively initiate infringement litigations. In particular, this research investigates the commercial contexts that drive patent assertion strategies to explore the effective limits of the patent right in a litigation context. The investigation concludes that a variety of robust business models and management processes may be quite successful in extracting value from patents in the US.