Transcript Eco-innovation dynamics in the LED sector

Patent Litigations as a Barrier to Innovation:
The Case of LEDs
Cédric Gossart
Altay Özaygen
subtitle
Müge Özman
Institut Mines-Télécom / Télécom Ecole de Management
MOTI Seminar, Grenoble Ecole de Management, 7 novembre 2014.
Outline
1. Objectives
2. Background
3. Method & Data
4. Results & Discussion
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1. Objectives
1. Shed light on whether patents are barriers to
ecoinnovation in the LED sector.
2. Understand the differences between litigated
patents and non litigated ones.
3. Formulate policy recommendations to
overcome barriers to ecoinnovation in the LED
sector.
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Cradle-to-cradle LEDs?
cycLED demonstrators
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The lighting sector
Lighting technologies: Stage 1 (flame-based lighting)
Fuel combustion has dominated the long history of lighting:
• 4500 years ago: in modern day Iraq oil lamps were used
to burn oils made from olives and seeds.
• 2000 years ago: the first candles appeared in Rome.
• 200 years ago: first gasworks established in Freiburg by
Lampadius (German mineralogist).
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Stage 2: electricity-based lighting
Source: De Almeida, Santos et al. (2014: 32).
Nobel prize winner Nakamura
2014
Source: http://www.cree.com/News-and-Events/CreeNews/Press-Releases/2014/March/300LPW-LED-barrier.
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What is an LED?
Source: cycLED Deliverable 2.1:
Categorization of LED products.
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Source: cycLED Deliverable
2.1: Categorization of LED
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Energy benefits of LEDs
Source: The Climate Group (2012).
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Environmental benefits of LEDs:
There is room for improvements!
Source: Aman et al. (2013).
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What solutions to inefficient lighting?
Highly innovative field (see Cecere
et al., Research Policy, June 2014).
LEDs
Environmental
benefits of LEDs?
Source: Wissema (1982), quoted in Olleros (1986: 7).
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The lighting & LED markets
• McKinsey & Company (2012): the most
promising technology in terms of commercial
viability by 2020, ahead of electric vehicles.
• In 2020: Sales on the global lighting market >
100 billion Euros (80% for general lighting).
• LED share in general lighting =
• 45% in 2016
• 70% in 2020
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Evolution of LED patents
• Huge
increase in
the past 20
years…
• … but decline
in 2013!
(not seen here)
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The LED knowledge base
• Growth in the number of different subject matters incorporated in the LED domain (cf. growth in the number of
nodes).
• Certain knowledge fields are “peripheral”: they are weakly connected to each other and to the core, where the
core in return is strongly connected).
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• After 2000, the periphery has narrowed down: possible saturation of knowledge dynamics?
Why patent litigations?
• Weak IPR regimes help to the emergence and
diffusion of transistor, semiconductor and mobile
telephony technologies (Dosi et al. 2006).
• 94 % of patent lawsuits are related to software
(Allison et al. 2009).
• Half a trillion dollar of loss for defendants
between 1990-2010 (Bessen et al. 2011).
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Patents as barriers to ecoinnovation?
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3. Methods & Data
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Patent Litigation in LEDs
• Patent litigations have the potential to deter
innovation.
• What are the nature of the litigated patents in
LED?
• Comparisons of patent characteristics used to
distinguish the differences between the group
of litigated patents from the group of those
which are not litigated.
• Patents being classified within the H01L 33 IPC
code.
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Descriptive statistics
• PATSTAT 2014 april. and MAXVAL litigation
databases.
• Discriminant function analysis for 1990-2000
and 2000-2010 periods.
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Group statistics
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Coefficient of linear discriminants
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4. Results & Discussion
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LED patents as barriers to innovation?
• Litigated patents are significantly different in terms of
their scientific basis, and in terms of their potential use
in later innovations.
• Litigated LED patents are highly scientific (i.e. cite many
scientific publications) => good quality => hard to
invalidate => more law suits for infringement => barrier
for SMEs & high costs (=> less money for innovation).
• Knowledge base of the industry: possible saturation of
knowledge dynamics? => use of litigations as barriers to
protect patent pool? Incentive to cross-license? =>
barrier for SMEs.
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Cédric Gossart
http://gossart.wp.mines-telecom.fr/
Altay Özaygen
[email protected]
Müge Özman
http://muge.wp.mines-telecom.fr/
Backup slides
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The cycLED project
• Objectives:
– Minimize consumption of target metals in LED-products via
• Design for longevity, reuse, repair;
• Optimized end-of-life of LED products.
– Produce highly efficient ecodesigned LED products.
• Project Duration: 42 months
– 1 January 2012 to 30 June 2015
• Coordination:
– Dr. Otmar Deubzer, Fraunhofer IZM
• Financing:
– ~ 5.4 mio €, co-funding of ~ 4 mio € by EC, FP7 (CP, DG ENV)
• cycLED project web page: www.cyc-LED.eu
cycLED members & activities
7.
8.
9.
10.
ELPRO Elektronik-Produkt Recycling GmbH (DE; WP5)
Braun Lighting Solutions (DE; WP4, demonstrator1)
ONA (ES; WP4, demonstrator 3)
Riva GmbH Lighting (DE; WP4, demonstrator 4)
Larger
Companies
11. ETAP Lighting (BE; WP4, demonstrator 2)
12. Philips Lighting (NL; WP6)
13. Umicore (BE; WP5)
SMEs
Fraunhofer IZM (DE, Coordination, WP2, 5)
EcoDesign Center Wales (EDCW, UK; WP2, 6)
Institut Mines-Télécom (IMT, FR; WP8)
Nottingham Trent University (NTU, UK; WP3)
OUT (DE; WP4)
Sirris (BE; WP7)
Research,
Academic
1.
2.
3.
4.
5.
6.
A plea for methodological pluriformity
Phase I:
Qualitative &
explorative
Phase II:
Quantitative
& extensive
Source: René Kemp (2012), “Ideas for future research on eco-innovation”,
IMT eco-innovation seminar, 1 December, Paris.
Interview guideline & collected data (Phase I)
Firm
Firm
Firm
Firm
1
2
3
4
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Litigation cases on the LED sector