A TROJAN HORSE INSIDE THE GATES? KNOWLEDGE SPILLOVERS DURING PATENT LITIGATION

• 成果类型: Article
• 署名作者: Awate, Kiran S.; Makhija, M. O. N. A.
• 署名单位: Virginia Polytechnic Institute & State University; University System of Ohio; Ohio State University
• 刊物名称: ACADEMY OF MANAGEMENT JOURNAL
• ISSN/ISSBN: 0001-4273
• DOI: 10.5465/amj.2018.1181
• 发表日期: 2022
• 页码: 1747-1769
• 关键词: FOREIGN DIRECT-INVESTMENT; SAMPLE SELECTION BIAS; intellectual property; LOCAL SEARCH; INNOVATION; performance; biotechnology; integration; experience; management

摘要

While patent litigation is an important appropriability mechanism for protecting firms' proprietary knowledge, through the litigation process, valuable knowledge may unin-tentionally spill over from firms defending their patents to those they accuse of patent infringement. We examine whether such spillover subsequently enhances the innovation of accused firms by analyzing over 3,000 patent litigation cases from 1998 through 2015 in the U.S. pharmaceutical industry. We find that firms accused of infringement have higher levels of innovation following litigation relative to other similar firms. Further-more, litigation of patents that build on recent and heterogeneous knowledge and are characterized by greater scope more strongly enhance the accused firms' subsequent innovation. These findings support the argument that patent litigation can facilitate knowledge spillovers.