Strategic Dimensions of International Patent Litigation – The Experience of Taiwanese Firms in the US Legal Jurisdiction

Abstract

This paper aims to assess the characteristics and impact of patent disputes by investigating cases of litigation between Taiwanese and US firms. The research reported is based on a design that combines insights gained from interviews with an in-depth case study of two significant US International Trade Commission (ITC) actions. In the former, semi-structured interviews were conducted in six firms while in the latter, the strategic response and potential impact of US patent disputes of two significant ITC investigations associated with Taiwanese firms were analysed to unravel the impact and strategic dimensions of cross border patent litigation. This paper finally arrives at recommendations to reconcile the strategic dimensions of patent litigation in an international trade environment.