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tags={},
filename={Ziedonis (2003) - Patent Litigation In The Us Semiconductor Industry.pdf}
}
==Duplicate Papers, Early or Non-Relevant Papers==
@article{cockburn2006entry,
title={Entry and Patenting in the Software Industry},
author={Cockburn, I.M. and MacGarvie, M.J.},
year={2006},
journal={NBER Working Paper},
institution={National Bureau of Economic Research},
abstract={To what extent are firms kept out of a market by patents covering related technologies? Do patents held by potential entrants make it easier to enter markets? We estimate the empirical relationship between market entry and patents for 27 narrowly defined categories of software products during the period 1990–2004. Controlling for demand, market structure, average patent quality, and other factors, we find that a 10% increase in the number of patents relevant to market reduces the rate of entry by 3%–8%, and this relationship intensified following expansions in the patentability of software in the mid-1990s. However, potential entrants with patent applications relevant to a market are more likely to enter it. Finally, patents appear to substitute for complementary assets in the entry process, because patents have both greater entry-deterring and entry-promoting effects for firms without prior experience in other markets.},
discipline={Mgmt},
research_type={Empirical},
industry={Software},
thicket_stance={},
thicket_stance_extract={},
thicket_def={References Shapiro, Diversely-Held, Transaction Costs, Unspecified Blocking Mechanism},
thicket_def_extract={#A-T, #D, Many firms, nonetheless, acquire large portfolios of patents, and even where the primary motivation for doing this goes beyond the potential to exclude competitors, the impact of an accumulated patent “thicket” on entry costs may be substantial (see Shapiro 2001 for a definition of patent thickets)... As all industry participants have responded to increased incentives to obtain patents, the “thicket” in these markets has grown dramatically, imposing greater and greater transactions costs on all firms.},
tags={},
filename={[[Cockburn MacGarvie (2006) - Entry And Patenting In The Software Industry]].pdf}
}
@article{galasso2008patent,
title={Patent Thickets and the Market for Innovation: Evidence from Settlement of Patent Disputes},
author={Galasso, A. and Schankerman, M.},
year={2008},
abstract={We study how fragmentation of patent rights (‘patent thickets’) and the formation of the Court of Appeal for the Federal Circuit (CAFC) affected the duration of patent disputes, and thus the speed of technology diffusion through licensing. We develop a model of patent litigation which predicts faster settlement agreements when patent rights are fragmented and when there is less uncertainty about court outcomes, as was associated with the ‘pro-patent shift’ of CAFC. The model also predicts that the impact of fragmentation on settlement duration should be smaller under CAFC. We confirm these predictions empirically using a dataset that covers nearly all patent suits in U.S. federal district courts during the period 1975-2000. Finally, we analyze how fragmentation affects total settlement delay, taking into account both reduction in duration per dispute and the increase in the number of required patent negotiations associated with patent thickets.},
discipline={Econ},
research_type={Empirical},
industry={General},
thicket_stance={Anti},
thicket_stance_extract={This paper investigates how fragmentation of patent rights (‘patent thickets’) and the formation of the Court of Appeal for the Federal Circuit (CAFC) affected the duration of patent disputes, and thus the speed of technology diffusion through licensing.... There are two main empirical findings. First, patent disputes in U.S. district courts are settled more quickly when infringers require access to fragmented external rights, but this effect is much weaker after the introduction of CAFC. Second, the introduction of CAFC is associated with a direct and large reduction on the duration of disputes, which the model attributes to less uncertainty about the outcome if the dispute goes to trial. In addition, our calculations suggest that fragmentation may have reduced total negotiation delay, and thus sped up rather 28 than retarded technology diffusion, in some technology areas during the period before CAFC.},
thicket_def={#A-T, References Shapiro, References Heller/Eisenberg, Complementary Inputs, Diversely-Held, Transaction Costs},
thicket_def_extract={...are the fragmentation of patent rights (often referred to as ‘patent thickets’)... These two effects help reconcile the two opposing views on patent thickets in the recent economic and legal literature — the pro-diffusion view of Licthman (2006) and the anti-commons view of Heller and Eiseberg (1998) and Shapiro (2001)... This result is consistent with the ‘anti-commons’ view: thickets powerfully increase transaction costs and reduce the speed of technology diffusion.},
tags={},
filename={[[Galasso Schankerman (2008) - Patent Thickets And The Market For Innovation]].pdf}
}
@article{hall2005note,
title={A note on the bias in Herfindahl-type measures based on count data},
author={Hall, B.H.},
journal={Revue D' Economie Industrielle, Paris Editions, Techniques Et Economiques},
volume={110},
pages={149},
year={2005},
abstract={A Herfindahl index of constructed from shares based on count data where the number of counts is small will generally be biased downward because of the statistical properties of count data and Jensen’s inequality. This note suggests a simple correction for the bias and illustrates its applicability when using measures based on patent data and patent citation data.},
discipline={Econ},
research_type={Measures},
industry={},
thicket_stance={},
thicket_stance_extract={},
thicket_def={},
thicket_def_extract={},
tags={},
filename={[[Hall (2005) - A Note On The Bias In Herfindahl Type Measures Based On Count Data]].pdf}
}
@article{siebert2008does,
title={Does Licensing Resolve Hold Up in the Patent Thicket?},
author={Siebert, R. and Graevenitz, G.},
year={2008},
abstract={In a patent thicket licensing provides a mechanism to either avoid or resolve hold up. We study the choice between ex ante licensing to avoid hold up and ex post licensing to resolve it. Firms’ choice of licensing contract is studied in the context of a patent portfolio race. We show that high expected blocking leads to ex ante licensing while ex post licensing arises if expected blocking is low but realized blocking is high. Also, ex ante licensing reduces firms’ R&D incentives. A sample selection model of licensing is derived from the theoretical model. In this framework theoretical predictions on effects of blocking are tested with data from the semiconductor industry. We show that licensing helps firms to resolve blocking. However, licensing is not a cure all: it decreases as fragmentation of property rights increases and arises mainly between large firms with similar market shares. Using a treatment effects model we also confirm the prediction that ex ante licensing reduces the level of R&D investment.},
discipline={Econ},
research_type={Empirical},
industry={semiconductor},
thicket_stance={Pro},
thicket_stance_extract={This also indicates that the ”freedom to operate” explanation of licensing is central to understand licensing in patent thickets. Interestingly the size of firms’ patent portfolios does not affect their propensity to license. However it does affect firms’ patenting levels. Finally, we find that the fragmentation of patent rights reduces firms’ propensity to license ex ante and ex post. Thus a deepening of 36 patent thickets resulting from more complex blocking relationships seems to undermine the usefulness of licensing to resolve blocking.},
thicket_def={#A-T, #B-T, References Shapiro, Complementary Inputs, Diversely-Held, Transaction Costs, Cummulative Invention, Hold-up, Strategic Patenting (Bad)},
thicket_def_extract={In a patent thicket licensing provides a mechanism to either avoid or resolve hold up... In some high technology industries the process of research and development is comparable to the continuous extension of a pyramid through the addition of new building blocks at the top [Shapiro (2001)]. Here, the pyramid serves as a metaphor for the cumulativeness of scientific research in complex product industries.1 Firms increasingly protect their contributions to this pyramid with patents. As a result several high technology industries are now affected by a “patent thicket” [Heller and Eisenberg (1998); Hall and Ziedonis (2001); Shapiro (2001)]. In a patent thicket many rival firms hold patents protecting components of a single technology. Whenever a firm uses such a technology it is vulnerable to hold up by firms holding blocking patents [Grindley and Teece (1997), Jaffe (2000), Shapiro (2001)]. The threat posed by blocking patents frequently induces firms to build up a large portfolio of patents. This creates a strong bargaining position for the firm owning the portfolio in any disputes with rivals. In a patent thicket all firms face the prospect of hold up and have strong incentives to patent, which perpetuates the patent thicket. Hold up in a patent thicket may be resolved through licensing of blocking patents.},
tags={},
filename={[[Siebert Graevenitz (2008) - Does Licensing Resolve Hold Up In The Patent Thicket]].pdf}
}
