Tribunal Specialization and Institutional Targeting in Patent Enforcement

42 Pages Posted: 25 May 2006 Last revised: 5 Oct 2010

See all articles by Deepak Somaya

Deepak Somaya

University of Illinois at Urbana-Champaign - Department of Business Administration

Christine A. McDaniel

George Mason University - Mercatus Center

Date Written: January 15, 2010

Abstract

Recent scholarship on nonmarket strategies has sought to understand organizational decisions to target specific institutional venues for nonmarket actions. We contribute to this emerging literature by examining institutional targeting between specialized and general-purpose tribunals, which has not been studied in prior work. We develop a theory about targeting decisions in such contexts, and formulate hypotheses linking these decisions to firm-level attributes such as (market) strategic stakes, tribunal-specific capabilities, and institutional distance from competitors. Our hypotheses are tested with a novel dataset of patent enforcement against U.S. imports, which also sheds light on nonmarket strategies in patents.

Keywords: nonmarket strategy, patents, litigation, institutional environment, forum choice, targeting

Suggested Citation

Somaya, Deepak and McDaniel, Christine A., Tribunal Specialization and Institutional Targeting in Patent Enforcement (January 15, 2010). Available at SSRN: https://ssrn.com/abstract=904288 or http://dx.doi.org/10.2139/ssrn.904288

Deepak Somaya (Contact Author)

University of Illinois at Urbana-Champaign - Department of Business Administration ( email )

1206 South Sixth Street
Champaign, IL 61820
United States

Christine A. McDaniel

George Mason University - Mercatus Center ( email )

3434 Washington Blvd., 4th Floor
Arlington, VA 22201
United States
703-993-9228 (Phone)

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