Digital Commons Network^™

Does Chinese Investment Into Europe Facilitate Strategic Asset Growth In The Chinese Parent Company? The Role Of Entry Mode, John Anderson, Dylan Sutherland, Sean Severe

Faculty Publications

Strategic asset seeking foreign direct investment has undergone tremendous growth over the past decade. This paper first attempts to evaluate the location choice of such investments in Europe. We find that Chinese companies target strategic assets in Europe. The paper then moves to understand the efficacy of these investments in terms of the creation of strategic assets in the Chinese parent company. Our results show the intangible assets of Chinese domestic parent firms significantly increase in the wake of their investments. For greenfield investments, there is a longer time-lag in creation of intangible strategic assets than for acquisitions. However, greenfield …

The Case Of The Missing Device Patents, Or: Why Device Patents Matter, Erika Lietzan, Kristina M. L. Acri, Evan Weidner

Faculty Publications

A company that earns premarket approval of its medical device is entitled to an extension of one patent claiming the device, to make up for some of the time it spent doing premarket research. Yet, surprisingly, a mere thirteen percent of those eligible for this extension (also known as patent term "restoration") ask for one. In contrast, most drug companies entitled to this same patent extension ask for one.

In this Article, we attribute the imbalance largely to differences between the two regulatory frameworks. In brief, because the FDA classifies and regulates devices based on what they do and how …

Investigation Of Innovation In Wine Industry Via Meta-Analysis, Ali Dogru, Joseph Peyrefitte

Faculty Publications

This study provides a systematic review of 76 relevant wine business studies published in the last 30 years. Our meta-analysis investigates six commonly used variables to explain wine innovation: absorptive capacity, technology adoption, sustainable practices, export orientation, firm size, and firm age. We also investigate the association between innovation and financial performance, using the reported effect sizes in the literature. Our meta-analysis reveals that absorptive capacity, technology adoption, sustainable practices, export orientation, and firm size positively correlate with innovation efforts, and innovation is positively associated with financial performance. However, we find no correlation between firm age and innovation. In addition …

Diversity In Innovation Best Practices Guide, Laura Norris, Mary Fuller, Joy Peacock, Sydney Yazzolino

Faculty Publications

In 2020, the USPTO collaborated with the HTLI to propose a study designed to increase diversity in the patenting process, specifically targeted to in-house legal / IP department and their practices. The goal of the study was simple - harvesting the collective knowledge of nationwide IP professionals and producing an “insanely practical” guide to expand inventorship to a more diverse inventor population. By “diverse” we mean underrepresented or historically marginalized groups in the United States patent system. The term "diversity" can be interpreted differently in different countries. The HTLI research team collected this extensive list of over 90 best practice …

Comments To The National Strategy For Expanding American Innovation, Colleen Chien, Ernest Fok

Faculty Publications

The United States Patent and Trademark Office (USPTO) sought input for its National Strategy for Expanding American Innovation to build a more demographically, geographically, and economically inclusive innovation ecosystem. Students in Professor Colleen Chien’s Patent Law course submitted 13 comments on how to make innovation more representative of the United States. This document contains 13 comments that draw heavily from personal and professional experience, and highlights the diversity in Santa Clara Law’s patent course. Here are excerpts:

• Erik Perez and Grant Wanderscheid, drawing from their own undergraduate and graduate experiences in science and engineering, recommend a “shift towards achievement …

Distorted Drug Patents, Erika Lietzan

Faculty Publications

Drug patents are distorted. Unlike most other inventors, drug inventors must complete years of testing to the government’s specifications and seek government approval to commercialize their inventions. All the while, the patent term runs. When a drug inventor finally launches a medicine that embodies the invention, only a fraction of the patent life remains. And yet, conventional wisdom holds — and empirical studies show — that patent life is essential to innovation in the pharmaceutical industry, perhaps more so than any other inventive industry. Congress tried to do something about this in 1984, authorizing the Patent and Trademark Office to …

Access Before Evidence And The Price Of The Fda's New Drug Authorities, Erika Lietzan

Faculty Publications

Sometimes drug innovation seems to happen in reverse. Patients enjoy a treatment for years even though the treatment has not been approved by the FDA or proven safe and effective to the FDA's standards. (Sometimes this happens because the FDA has declined to take enforcement action.) The agency encourages companies to perform the work necessary to satisfy the United States "gold standard" for new drug approval, however, by promising exclusivity in the marketplace. When a company does this work, at considerable expense, the results are predictable. The new drug is expensive, and patients and payers (and sometimes policymakers) are outraged. …

Attacking Innovation, Jeffrey A. Maine

Faculty Publications

Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …

Leadership And Innovation Within A Complex Adaptive System: Public Libraries, Darin S. Freeburg

Faculty Publications

Viewing public libraries as Complex Adaptive Systems, the current study analyzed leadership within these systems in terms of complexity and innovation. This included a leader’s capacity for ambiguity and emergence, features of leadership in different contexts, and perceptions of success and innovation. From a list of current public library directors and managers, 15 participants completed a 30-minute phone interview that followed a semi-structured guide. By analyzing the intersection of complexity of approach with complexity of context, eight leadership approaches were uncovered through coding. Results suggest that most participants engaged with most of the leadership approaches at some point. In addition, …

Paper Promises For Drug Innovation, Erika Lietzan

Faculty Publications

Innovation does not stop when a new medicine is launched. Development of new uses for already approved drugs, in particular, can make profound contributions to the public health. Whether a new use is suspected during the initial premarket trials, identified through focused research after approval, or discovered serendipitously by physicians treating patients, however, it requires extensive clinical testing before it can be approved by FDA. This testing takes time and money — three to five years on average, and as much as $300 million. This Article considers the incentives that federal law offers to companies to make this investment: patent …

A Solution In Search Of A Problem At The Biologics Frontier, Erika Lietzan

Faculty Publications

This short paper comments on Professor Carrier's new article, Biologics: The New Antitrust Frontier. His article makes a profound initial contribution to a new area of scholarship, based on a large body of prior work considering antitrust issues relating to small molecule drugs. But Professor Carrier’s article, like my own forthcoming piece on innovation and competition in the biologics marketplace, is inherently speculative. We are making our best judgments about the nature of a still emerging marketplace and likely conduct in that marketplace, based on our understandings of a new regulatory framework that is itself still emerging, the broader legal …

The Guided Innovation Model: Messy Human Innovation, Darin Freeburg

Faculty Publications

This paper outlines the theoretical foundation and framework for the Guided Innovation Model, which puts nonprofit organizations in a position to increase innovation through the application of Knowledge Management tools. This is facilitated by information and knowledge professionals. It also outlines a suggested approach for implementation of the model. The purpose of the paper is to provide an in-depth foundation which future work can build upon in specific contexts. Given the complexity and constancy of social change, nonprofits must continually innovate to meet the needs of their community. This model provides a framework for how they can do this without …

Integrating A Creativity, Innovation, And Design Studio Within An Academic Library, Holt Zaugg, Melissa C. Warr

Faculty Publications

Purpose – The purpose of this paper is to describe the efforts to set up a creativity, innovation, and design (CID) studio within an academic library. This paper will describe the reasons for creating a CID studio, assessment of the pilot study, and next steps.

Design/methodology/approach – The assessment used surveys, interviews, focus groups and observations of students and faculty to determine how well the CID fits into the library.

Findings – Initial findings indicate that the CID studio is a good fit within the library space as learning activities in it support collaboration, discovery, and integration of library services. …

Building A Culture Of Assessment In Law School, Larry Cunningham

Faculty Publications

A new era of legal education is upon us: Law schools are now required to assess learning outcomes across their degrees and programs, not just in individual courses. Programmatic assessment is new to legal education, but it has existed in higher education for decades. To be successful, assessment requires cooperation and buy-in from faculty. Yet establishing a culture of assessment in other disciplines has not been easy, and there is no reason to believe that it will be any different in legal education. A survey of provosts identified faculty buy-in as the single biggest challenge towards implementing assessment efforts. This …

The Coalition Model, A Private-Public Strategic Innovation Policy Model For Encouraging Entrepreneurship And Economic Growth In The Era Of New Economic Challenges, Anat Alon-Beck

Faculty Publications

Innovation driven entrepreneurial firms have an important role in contributing to job creation, to generating technological innovation and to stimulating the United States economy. However, there is a notable recent decline in emerging growth entrepreneurial activity in the United States. The Coalition Model proposes ways to maximize opportunities for industry, academia and government to collaborate and build sustainable relationships, in order to help convert the current challenges in the U.S. market into opportunities.

Designing a new innovation strategy policy will lead the United States in generating innovation, technology and economic growth, as well as help the federal government harness new …

Enhancing Innovation In The Ugandan Agri-Food Sector: Progress, Constraints, And Possibilities, Travis Lybbert, Kritika Saxena, Julius Ecuru, Dick Kawooya, Sacha Wunsch-Vincent

Faculty Publications

No abstract provided.

A Knowledge Lens For Information Literacy: Conceptual Framework And Case Study, Darin Freeburg

Faculty Publications

Purpose The purpose of this paper is to introduce a Knowledge Lens for information literacy. This lens shifts the focus and potential outcomes of information literacy in three ways. First, it promotes self-reflection as a means of integrating information. Second, it promotes creation, emphasizing it as a social process. Third, it promotes the ability and value of working with imprecision and lack of direction. Design/methodology/approach The author designed a Community of Practice (CoP) with a loosely structured guidebook to operationalize the Knowledge Lens. The initial stated purpose of the CoP was to provide innovative solutions to issues of race relations …

Let There Be Light: Social Enterprise, Solar Power, And Sustainable Development, Tonia Warnecke

Faculty Publications

Energy poverty is a major problem in the developing world, with nearly 1.3 billion people lacking household electricity. Strikingly, the electrification rate is not only low, but is falling in many countries as population growth outpaces efforts to give more people access to electricity. Seizing the opportunities presented by rapid changes in technology and the availability of renewable energy at continually falling costs, social enterprises have begun to light the darkness and fill in the gap between the public and private provision of electricity. We review the extent of energy poverty and explain why neither the public, nor the private …

Pipes, Pools And Filters: How Collaboration Networks Affect Innovative Performance, Harpeet Singh, David Kryscynski, Xinxin Li, Ram Gopal

Faculty Publications

Innovation requires inventors to have both "new knowledge" and the ability to combine and configure knowledge (i.e. "combinatory knowledge") and such knowledge may flow through networks. We argue that both combinatory knowledge and new knowledge are accessed through collaboration networks, but that inventors' abilities to access such knowledge depends on its location in the network. Combinatory knowledge transfers from direct contacts, but not easily from indirect contacts. In contrast, new knowledge transfers from both direct and indirect contacts, but is far more likely to be new and useful when it comes from indirect contacts. Exploring knowledge flows in 69,476 patents …

Embracing The Danger: Accepting The Implications Of Innovation, Jason K. Mcdonald

Faculty Publications

Instructional designers are increasingly looking beyond the field’s mainstream approaches to achieve desired outcomes. They seek more creative forms of design to help them invent more imaginative experiences that better reflect their vision and ideals. This essay is addressed to designers who are attracted to these expanded visions of their profession. Innovative approaches to design can be considered dangerous, at least to the status quo. The author first discusses why this is so, and then explains how embracing the danger—accepting the risks that accompany originality and innovation—might also be what allows designers to develop experiences consistent with the high-levels of …

Exclusionary And Diffusionary Levers In Patent Law, Colleen Chien

Faculty Publications

The patent system is built on the premise that exclusion leads to innovation. But a mounting body of evidence calls into question the assumption that “innovation by exclusion” – innovation based on excluding rivals– is the only, or even primary, way innovation happens today: nearly 50% of manufacturers got the idea for their most important new product from an outside source that shared it with them, 45-60% of patentees acquire patents to access the technology of others, and over 1,300 companies, including five of the ten top holders of patents, have pledged to share their patents with others. But because …

Innovation Outcomes Of Knowledge-Seeking Chinese Foreign Direct Investment, Xianming Wu, Nathaniel C. Lupton, Yuping Du

Faculty Publications

Purpose

The purpose of this paper is to investigates how organizational learning, absorptive capacity, cultural integration, specialization of the acquired firm and characteristics of transferred knowledge impact innovation performance subsequent to overseas acquisitions.

Design/methodology/approach

Survey responses from 222 Chinese multinational enterprises engaged in overseas acquisitions.

Findings

Differences between acquiring and acquired firms’ capabilities, while having a positive direct influence, suppress the positive impact of organizational learning and absorptive capacity, suggesting that multinationals require some basic level of capabilities to appropriate value from overseas acquisitions.

Research limitations/implications

This paper investigates the impact of knowledge-seeking overseas acquisition of Chinese multinationals on innovation …

Effective Innovation Policies For Development: Uganda, Julius Ecuru, Dick Kawooya

Faculty Publications

No abstract provided.

'Sophisticated Robots': Balancing Liability, Regulation, And Innovation, F. Patrick Hubbard

Faculty Publications

Our lives are being transformed by large mobile “sophisticated robots” with increasingly higher levels of autonomy, intelligence, and interconnectivity among themselves. For example, driverless automobiles are likely to become commercially available within a decade. Many people who suffer physical injuries from these robots will seek legal redress for their injury, and regulatory schemes are likely to impose requirements to reduce the number and severity of injuries.

This Article addresses the issue of whether the current liability and regulatory systems provide a fair, efficient method for balancing the concern for physical safety against the need to incentivize the innovation necessary to …

A Promising Beginning, Jeremiah A. Ho

Faculty Publications

When I began teaching at the University of Massachusetts in August 2012, one of my first encounters was with the newly-formed UMass Law Review. The editorial staff was wrapping up its initial preparations for publishing the inaugural volume. Now, over a year later, those nascent processes have since been refined; the inaugural year is over. We are excited to say that the UMass Law Review enters its sophomore year with this current issue, affectionately dubbed “9:1”.

Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya

Faculty Publications

This chapter provides findings from a Ugandan case study that examined innovation transfers between informal-sector automotive artisans and formally employed researchers at Makerere University’s College of Engineering, Design, Art and Technology (CEDAT). Th e primary site studied was CEDAT’s Gatsby Garage, an automotive workshop where it was found that the informal-sector artisans were central to innovative processes but were at the same time driven more by sharing impulses than by concern for the intellectual property (IP) implications of their work. Based on these findings, it is argued that Ugandan policy-makers need to seek policy tools to support innovation transfers between …

Design-Driven Innovation As Seen In A Worldwide, Values-Based Curriculum, Camey Andersen Hadlock, Jason K. Mcdonald

Faculty Publications

While instructional design’s technological roots have given it many approaches for process and product improvement, in most cases designers still rely on instructional forms that do not allow them to develop instruction of a quality consistent with that expressed by the field’s visionary leaders. As a result, often the teachers and students using instructional products remain confined by equally limiting views of instruction and learning that cannot help them achieve the outcomes the designer originally envisioned. In this paper we discuss how a relatively new design approach, design-driven innovation, can give instructional designers additional tools to shape the meaning …

Fixing Software Patents, Eric Goldman

Faculty Publications

This paper discusses software patents’ unique attributes, challenges in trying to address problems with software patents, and some ideas for fixing the problems with software patents. It was written in connection with a November 2012 conference at Santa Clara University School of Law entitled “Solutions to the Software Patent Problem,” and the initial version of this paper was published in three posts at the Tertium Quid blog at Forbes.

Informal The New Normal, Dick Kawooya

Faculty Publications

No abstract provided.

Of Frightened Horses And Autonomous Vehicles: Tort Law And Its Assimilation Of Innovations, Kyle Graham

Faculty Publications

This symposium contribution considers five recurring themes in the application of tort law to new technologies. First, the initial batch of cases presented to courts may be atypical of later lawsuits that implicate the innovation, yet relate rules with surprising persistence. Second, these cases may be identified, and resolved, by reference to analogies that rely on similarities in form, and which do not wear well over time. Third, it may be difficult to isolate the unreasonable risks generated by an innovation from the benefits it is perceived to offer. Fourth, potential claims by early adopters of the technology may be …