Research On The Patent Litigation Strategy Of Enterprises

In the fierce market competition, more and more companies to gain competitive advantage through the patent litigation strategy. Patent litigation is no longer a legal issue, but a product of enterprise patent resources and competitive strategy. The dissertation elaborates the effect of patent litigation strategies on China enterprises development through discussing the connotations and the formation of patent litigation strategies and analysizing its operation models. In order to provide theoretical guidance and methodological support for china's companies effectively resolving patent disputes and preventing the risk of patent litigation.The main content and innovations of the dissertation include:Firstly, this dissertation points out that from the perspective of strategic management, the formation of corporate patent litigation strategy presents a clear logic spindle which include planning, selection and implementation, the three steps of patented technology business strategies. On this basis of refining four types patent litigation strategies, namely, patent trading litigation strategy, patent predatory litigation strategy, patent investing litigation strategy, and patent defending litigation strategy. And then we compare those modes from five aspects, covering the connotation, patent strategy implementation, access to litigation source, source concentration degree and bargaining power of these four types in order to discuss the a dynamic linkage between patent strategies and patent litigation strategies.Secondly, this dissertation examines the enterprises' patent litigation strategy from a perspective of the game-tree model. And then in the analysis of litigation parties' equilibrium profit in various condition, this dissertation interpretates the implementation and strategic results of four types of patent litigation strategies. Basis on the aforementioned study, this dissertation continues to discuss the relationship between of patent litigation strategy and the technological innovation. The results show that patent portfolio gaps and intensity of damages may correspond to different combinations of the type of patent litigation strategy. Moreover, different types of patent litigation strategy also results in significant differences in influence degree and the relationship of technological innovation.Thirdly, this dissertation points out the strategic use of patent litigation results in the displacements of enterprises' operating modes. In order to analysize the specific operating modes of patent litigation strategies, the author select some typical orgnizations and companies as contents of case study, that is, patent pool, patent trolls, Allied Security Trust, Rational Patent Exchange and Intellectual Ventures. It gets the following results:Patent pool avoids the risk of patent infringement through an interal cross licenses, while, sues the non-pool members or competitors by external predatory patent litigation strategy. Patent trolls are investing in patent litigation through the acquisition of patents. Those patents will play a certain combination of scale advantages, in turn, the use of patent investing litigation strategy to generate cashflow to support future acquisitions. AST and RPX implement patent defending litigation strategy in their operating model which is a countermeatures of anti-trolls patent litigation. Intellectual Ventures is the typical model that represents a combination of patent litigation strategies implementation. It brings vast proprietary assets, not only for proprietary trading and investing, but also can be used to defense patent litigation.Finally, after discussing the causes and impact of patent litigation strtegies on Chinese enterprises by three typical cases, the author provides some countermeasures at three levels. China enterprises should establish a comprehensive response to allegations of infringement procedures from the creation, management, trade, impact and defense five areas, in order to move the security line forward and enhance the ability to resist risks. Trade association should set up an industry-wide defense mechanism to help enterprises ability to resist risk.Government should play an important roles in supervising and guiding against unfair competition and potential threat, which (1) surveilling foreign enterprises and organizations patent activities in China, (2) managing the intellectual property transaction of domestic enterprises (3) guiding social supervision and supporting non-profit public interest organization.