Patents and Small Participants in the Smartphone Industry

55 Pages Posted: 16 Oct 2015

See all articles by Joel R. Reidenberg

Joel R. Reidenberg

Fordham University School of Law

N. Cameron Russell

Fordham Center on Law and Information Policy (CLIP)

Maxim Price

Fordham Center on Law and Information Policy (CLIP)

Anand Mohan

Fordham Center on Law and Information Policy (CLIP)

Date Written: 2014

Abstract

For intellectual property law and policy, the impact that patent rights may have on the ability of small companies to compete in the smartphone market is a critically important issue for continued robust innovation. Open and competitive markets provide vitality for the development of smartphone technologies. Nevertheless, the impact of patent rights on the smartphone industry is an unexplored area of empirical research. Thus, this Article seeks to show how patent rights affect the ability of small participants to enter, compete, and exit smartphone markets. The study collected and used comprehensive empirical data on patent grants, venture funding, mergers and acquisitions, initial public offerings, patent litigation, and marketing research data. This Article shows empirically that small participants succeed in the market when they have a low and specific critical mass of patents and that this success exceeds the general norms in the startup world. Surprisingly, the analysis demonstrates that the level of financing and market success do not increase with larger patent portfolios. Lastly, despite the controversies over patent trolls, this Article demonstrates that patent litigation, whether from operating companies or NPEs, does not appear to be a significant concern for small players and does not appear to pose barriers to entry. The Article concludes by arguing that patent rights are providing incentives for innovation among small industry players and that contrary to some expectations, patent rights support competitiveness in the smartphone industry for small market players.

Keywords: patent, smartphone, small players, empirical, competition, intellectual property, development

Suggested Citation

Reidenberg, Joel R. and Russell, N. Cameron and Price, Maxim and Mohan, Anand, Patents and Small Participants in the Smartphone Industry (2014). WIPO Working Paper, IP and Competition Division, 2014; Fordham Law Legal Studies Research Paper No. 2674467. Available at SSRN: https://ssrn.com/abstract=2674467

Joel R. Reidenberg (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States
212-636-6843 (Phone)
212-930-8833 (Fax)

HOME PAGE: http://faculty.fordham.edu/reidenberg

N. Cameron Russell

Fordham Center on Law and Information Policy (CLIP) ( email )

Fordham Law School
140 West 62nd Street
New York, NY 10023
United States
212-930-8878 (Phone)

Maxim Price

Fordham Center on Law and Information Policy (CLIP) ( email )

Fordham Law School
140 West 62nd Street
New York, NY 10023
United States

Anand Mohan

Fordham Center on Law and Information Policy (CLIP) ( email )

Fordham Law School
140 West 62nd Street
New York, NY 10023
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
153
rank
189,030
Abstract Views
1,002
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information