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专利联盟关系、竞争性学习与专利诉讼
Alliance ties within patent pools, competitive learning and patent lawsuits
专利联盟成员之间存在竞争性学习和专利诉讼现象,它们已成为现代高技术企业竞争的重要战略武器。专利联盟能否减少联盟伙伴专利诉讼攻击?竞争性学习在其中发挥着什么作用?本文以MPEG LA专利联盟12 195组配对面板数据为样本,通过负二项回归模型研究专利联盟关系对专利诉讼攻击的影响机制,并利用依次检验回归系数法、调节路径分析法检验竞争性学习的中介效应。实证结果表明:专利联盟关系越强,遭受联盟伙伴专利诉讼攻击越激烈;关系持久度与遭受联盟伙伴专利诉讼攻击强度呈倒U型关系;竞争性学习不仅是专利联盟关系强度与专利诉讼的中介变量,也是关系持久度与专利诉讼的中介变量。本文为丰富专利联盟和专利诉讼理论提供了新的经验和证据,也有利于高技术企业利用专利联盟、开展联盟学习并降低联盟伙伴专利诉讼攻击。
There are phenomena of competitive learning and patent lawsuits among enterprises in the patent pools, which have become important strategic weapons for modern high-tech enterprises to compete. Can alliance ties within patent pools reduce the intensity of patent lawsuits between partners? What role does competitive learning play in it? Based on the panel data of 12,195 member pairs of MPEG LA, negative binomial regression model was used in this paper to analyze the influence mechanism of alliance ties within patent pools on patent lawsuits, while regression coefficient sequential test method and moderation path analysis method were used to test the mediating effect of competitive learning. The study findings showed that tie strength can influence the intensity of patent lawsuits positively, there is an inverted U-shaped relationship between tie duration and the intensity of patent lawsuits, competitive learning is a mediating variable not only between tie strength and intensity of patent lawsuits, but also between tie duration and intensity of patent lawsuits. This paper will provide new experience and evidence to enrich the theory of patent pool and litigation, and it is also beneficial for high-tech enterprises to utilize patent pools, conduct alliance learning, and reduce patent lawsuits from alliance partners.
专利联盟 / 关系强度 / 关系持久度 / 竞争性学习 / 专利诉讼
alliance tie within patent pool / tie strength / tie duration / competitive learning / patent lawsuit
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Based on the representative high-tech industry patent pool MPEG-2, this study collects years of the panel patent-granting data in the members of enterprises in MPEG-2, and builds a multiple hierarchical regression model. The study reveals that the formation of the patent pools has generally curbed the technological innovation of enterprises within the pools. However, it has different influences on enterprises in different network positions in the pools. The results demonstrate that the formation of the patent pools has curbed the technological innovation of the strong enterprises in the pools, but encouraged the technological innovation of the weak enterprises. With the formation of the patent pools, the technology gap between the strong and weak enterprises in the patent pools is shrinking.
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Research has suggested that firms engage in a number of different patent strategies to protect and even gain competitive advantage. However, we know less about the strategies firms employ when engaging in patent litigation. Using proprietary and defensive generic patent strategies as a starting point, this paper describes two types of patent litigation strategies, the types of institutional contexts that would be expected to motivate firms to engage in each, and the performance outcomes of firms undertaking such strategies. Analyzing patent litigation activity between 2002 and 2008 in the pharmaceutical and semiconductor industries, we find that firms in the pharmaceutical industry are more likely to follow a proactive proprietary patent litigation strategy, while firms in the semiconductor industry are more likely to engage in a proactive defensive patent litigation strategy. Furthermore, firms in the semiconductor industry that followed a proactive defensive patent litigation strategy enjoyed better performance than firms that did not engage in this strategy.
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