Essays on Strategic Use of Intellectual Property Rights

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Ortega Moncada, Leonardo G.
Thompson, Peter
Oettl, Alexander
Ceccagnoli, Marco
Graham, Stuart
Conti, Annamaria
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This dissertation examines various aspects of firms' strategic responses in the management of their intellectual property rights to external factors, with each chapter focusing on a different aspect of this complex topic. The first chapter of the dissertation investigates whether markets for technology can provide an alternative to in-house innovation as a response to foreign escape competition. The findings indicate that while external technologies are important for innovative firms, low-productivity firms experience a negative impact on the demand for external technologies when exposed to import competition. The second chapter focuses on the tradeoff incumbents face in using patents as barriers to entry or as ex-post responses to competitors' entry moves. Using the U.S. pharmaceutical industry as the main empirical setting, this chapter shows that incumbents intentionally fragment and delay the full disclosure of their intellectual property rights through continuation patents. They disproportionately reveal continuation patents after a competitor entry threat becomes concrete, tailoring their response to the threat they have received and successfully delaying competitor entry through litigation. Finally, the third chapter investigates how firms manage information asymmetry in their patent prosecution source using exposure to patent litigation. This chapter shows that firms exposed to patent litigation are more likely to change the sourcing of patent prosecution legal services relative to unexposed firms working with the same prosecuting law firm.
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