When Tigers Bare Teeth: A Qualitative Study of University Patent Enforcement

Abstract

University participation as plaintiffs in patent infringement litigation is an understudied phenomenon within a postsecondary educational terrain increasingly influenced by academic capitalist approaches to intellectual property protection and dissemination. This article presents findings from an exploratory, qualitative study of senior-level technology transfer professionals at five public universities with recent experience asserting university-owned patents in patent infringement lawsuits. Findings reveal a complex set of considerations that influence university decisions about patent enforcement, including infringer identity, concerns for litigation finance, and the licensing typology of the asserted patent. Additionally, findings suggest a complicated and close relationship between mission and money in university pursuits of patent infringers.

Keywords: patent litigation, universities, technology transfer, academic capitalism, qualitative research