Tribunal Specialization and Institutional Targeting in Patent Enforcement
42 Pages Posted: 25 May 2006 Last revised: 5 Oct 2010
Date Written: January 15, 2010
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
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