Abstract

http://ssrn.com/abstract=1711316
 
 

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Typology of the Patent Troll Business


Tim Christoph Pohlmann


Berlin University of Technology, Chair of Innovation Economics

Marieke Opitz


University of Marburg

June 2011

Pohlmann, T.; Opitz, M. (2013): Typology of the Patent Troll Business, R&D Management, Volume 43, Issue 2, pages 103–120, March 2013.

Abstract:     
Patent trolls have many faces, since the media uses this expression in various ways. The patent troll phenomenon thus seems to be an ambiguous term that is discussed in several directions. This paper reveals that a patent troll as such has no distinct shape or appearance. Our analysis redeems a troll classification solely from firms’ market position, such as being non-practicing, and shows that a patent troll business can only be defined by the respective practice to enforce IPR. Using 10 case studies, of which five are treated in detail, the analysis reveals a distinct typology of IPR enforcement mechanisms and suggests a framework to assess the troll business. This paper is furthermore able to identify the nature of troll behavior to be: a) a best practice to enforce IP rights and b) a strategy that may create costs for affected industries. The differentiated troll analysis further reveals negative but also positive effects of the troll business on incentives to innovate.

Number of Pages in PDF File: 28

Keywords: Patent Trolls, Litigation, IPR Enforcement

JEL Classification: L10, L14, L15

Accepted Paper Series


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Date posted: November 19, 2010 ; Last revised: May 28, 2013

Suggested Citation

Pohlmann, Tim Christoph and Opitz, Marieke, Typology of the Patent Troll Business (June 2011). Pohlmann, T.; Opitz, M. (2013): Typology of the Patent Troll Business, R&D Management, Volume 43, Issue 2, pages 103–120, March 2013.. Available at SSRN: http://ssrn.com/abstract=1711316 or http://dx.doi.org/10.2139/ssrn.1711316

Contact Information

Tim Christoph Pohlmann (Contact Author)
Berlin University of Technology, Chair of Innovation Economics ( email )
Berlin, 10585
Germany
+49 (0) 30 314 76624 (Phone)
HOME PAGE: http://www.inno.tu-berlin.de
Marieke Opitz
University of Marburg ( email )
Universitätsstrasse 24
D-35032 Marburg, D-35032
Germany
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