The Comparative Analysis of Patent Litigation Risks Facing by Taiwan ICT Brand Enterprises from Their Practicing Entities (PEs) and Non-Practicing Entities (NPEs) Competitors–from the AMC perspective of Competitive Dynamics

• Main Authors: Tang, Yu Ching, 唐與菁
• Other Authors: Hsu, Mu Yen
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/y3qz3f

碩士 === 國立政治大學 === 科技管理與智慧財產研究所 === 104 === Taiwanese manufacturers can’t stay away from the wars caused by global NPEs (Non-practicing entities) anymore. For the majority of domestic enterprises focusing on branding, they monitor and apply data mining of patent maps only at the competitors who are producing real products (herein called the term “practicing entities (PEs)” as opposed to “NPEs”). Since lacking experiences dealing with NPEs’ lawsuit attack, export-oriented domestic manufactures usually lose in lawsuit and their brand image being hurt. The damages are difficult to estimate. In view of this, the aim of this thesis provides an empirical study trying to compare with two kinds of plaintiff launched proceedings initiatively between PE competitors and NPEs being proficient in patent litigations but not familiar to Taiwanese brand enterprises. The study concludes that as a PE in launching litigation, the risk is lower if it transfer its patent to NPE or other PE that is not in the same industry and have them initiate the lawsuit. From the perspective of competitive dynamics, domestic enterprises must be more aware of monitoring NPEs’ activity while patent transaction from PEs to NPEs has been found because NPEs’ motivation to launch proceedings will significant increase.