专利诉讼的时空选择机理——一个基于动态竞争视角的理论框架

鉴于专利诉讼数量显著增加,并超越单纯的法律案件性质,专利诉讼已成为企业动态竞争中的重要武器,进而成为企业专利战略管理的关键环节。从动态竞争角度看,专利诉讼的时间和地点选择对诉讼结果以及竞争的影响尤为关键。通过总结专利诉讼研究文献和动态竞争理论,从动态竞争视角构建专利诉讼时空选择机理、效应的理论框架模型,有助于进一步开展实证研究,也有助于企业把握专利诉讼的本质,在动态竞争中积累优势。

The Choice of Timing and Location in Patent Litigation:A Framework Based on the Theory of Competitive Dynamic

Patent litigation embodies competitiveness, and the decision related to patent litigation is becoming more complex, especially the choice of timing and location of patent litigation in the competitive environment. Hence, this research project explores the following research questions: when and where shall a plaintiff file a patent litigation in the competitive interactions, and how should the defendant response? It delves into the mechanism and the consequence of plaintiff's choice of timing and location and defendant's response modes with consideration of competitive interaction.On the basis ofthe literature on patent litigation and competitive dynamic, the current study proposes a theoretical framework on the choice of timing and location of patent litigation. This framework is conducive for clarifying the nature of patent litigation.#br#This study mainly discusses the timing and location selection of patent litigation and its response mechanism. Firstly, it is necessary to classify and define the timing and location selection characteristics of patent litigation initiated by the plaintiff. Secondly, it is necessary to classify and define the response characteristics of the defendant to patent litigation. On one hand, for the timing of patent litigation, it is necessary to make a basic distinction between the temporal characteristics of patent litigation. In view of the important impact of key events on firms, according to the two-dimensional classification framework of whether the plaintiff has key events and whether the defendant has key events when patent litigation is initiated, the choice of patent litigation timing can be divided into four types. On the other hand, for the location of patent litigation, according to whether the location of the patent litigation court belongs to the two-dimensional classification framework of plaintiff's location and defendant's location, the choice of space (location) of patent litigation can also be divided into four types. Moreover, for the response characteristics of the defendant after the initiation of patent litigation, according to the dynamic competition theory, after the patent litigation is initiated, the defendant's response to patent litigation can be categorized by two key dimensions: reaction speed and reaction intensity. Therefore, the defendant's response to patent litigation can be divided into four categories. On this basis, it further expands the space-time selection strategy of patent litigation and the response strategy of patent litigation.#br#The supposed mechanism model of the choice of timing and location in patent litigation is figured out based on the theoretical analysis. It is suggested that the factors affecting the timing and location choice of patent litigation are mainly reflected in three aspects, namely, the characteristics of both sides of patent litigation, industrial environment and institutional environment. The characteristic factors of both sides of patent litigation mainly include executive characteristics, relative market position, litigation experience, complementary assets, relative resource capacity, key market actions, etc. The influencing factors of industrial environment mainly include industrial technology characteristics (Discrete / complex technology, technology life cycle, technology modularization, technology uncertainty), industrial market characteristics (market scale, competition intensity, industrial development stage, etc.) and industrial regulation characteristics. Institutional factors mainly include patent system, degree of marketization, diversified dispute resolution mechanism and so on.#br#The hypothetical framework of defendant's responses and results of patent litigation in competitive interaction is figured out based on the theoretical analysis.It is suggested that, in patent litigation, there is a variety of choices about the defendant's response. To be more specific, they could be fast or slow in time; the reaction intensity can be intense or weak; in the way of response, we can choose negotiation, counterclaim, neglect and so on. These choices are influenced by the main factors such as the characteristics of both parties, institutional and industrial environment, and have an impact on the litigation process and results. Among them, the characteristics of both parties include senior management characteristics, relative resource capacity, relative market position and key market actions; institutional environmental factors include patent system, alternative dispute resolution mechanism and degree of marketization; industrial environment includes industrial technology characteristics, industrial market characteristics and industrial regulation characteristics. #br#In the future, patent litigation case studies can be conducted on the proposed framework model, and empirical research can be carried out based on a large number of micro data(patent litigation judgment document mining data, company competitive behavior data, market environment data, etc.) of patent litigation plaintiffs and defendants.#br#