A Research on Hi-Tech Companies' Strategies to Manage IPR Lawsuits - the Case Study of P Technology Inc.
|關鍵字:||智財權;專利權;專利管理訴訟;專利管理訴訟策略;intellectual property right;patent;management of patent lawsuit;strategy for management of patent lawsuit|
The technological developments of Taiwanese industries have been more focused upon technologies related to mass production and manufacturing management, and their controls of fundamental or core technologies are generally less than those of multinational corporations. These multinationals often maneuvered over their strengths and advantages in patented technologies and legal procedure against Taiwanese producers, asking retreat from the market or payment of substantial amount of royalty. Under the heavy pressure of these high-profile lawsuits, many Taiwanese defendants were not able to attain desirable results due to lack of experiences or overall strategies responsive to the legal proceedings. This research collected and compiled numerous, publicly accessible cases related to patent or IPR lawsuits, in order to build up the theory of categorizing different types of patent or IPR lawsuits. Through such compilation, and in combination with the author's own experiences as well as the opinions obtained from experts interviewed, it is observed that the categorization could be made by the two critical dimensions, i.e., key technology and core products, whereby four major types of patent or IPR lawsuits are deduced, i.e., "terminator", "profiteer", "staggerer" and "other". By these categories, this research outlined the strategic proposals, discussed from the "5-W" approach (i.e., who, how, when, where and what), and summarized the managerial issues involved in management of patent or IPR lawsuits.