Offensive patent litigation strategic choice: An organizational routine perspective

Abstract

Patent litigation strategy is receiving considerable attention as friction escalates between firms over the legal use of patented technology. Offensive patent litigation is an important corporate strategy to protect intellectual property rights via suing others in the event of an infringement. This study seeks to understand how organizational routines, certificated by the Intellectual Property Rights Management Standard (IPRMS), influence strategic choices of patent litigation. Considering multiple scenarios of firm size and ownership, the results show that organizational routines positively affect the choice of offensive patent litigation, with firm size weakening the effect and state ownership reinforcing the effect. These findings contribute to offensive patent litigation research by highlighting the importance of organizational routines and exploring the interaction between a firm's strategies and the institutional foundations of legal practice.