challenges posed by our methodology. <strong>The</strong> patents areconcentrated in the years before and immediately after thebuyout. Again, this reflects the “back‐end loaded” nature <strong>of</strong>the sample and the lags associated with the patent grantprocess. We obviously cannot see successful patents filedfive years after a buyout undertaken in 2005, and may notsee many <strong>of</strong> those filed five years after a buyout in 2000:patents take on average over 30 months to issue, with asubstantial minority taking considerably longer. 4We capture a variety <strong>of</strong> information about the patent awards.Over the past two decades, several quantitative measures<strong>of</strong> patent quality have become widely adopted (Jaffe andTrajtenberg 2002; Lanjouw, Pakes and Putnam 1998).<strong>The</strong>se measures rely on the citations either to or by thepatent award to characterize the grants (called forwardand backward citations respectively). Citations are extremelyimportant in patent filings, since they serve as “propertymarkers” delineating the scope <strong>of</strong> the granted claims.Patents with more forward citations are typically interpretedin the literature as having more impact or being moreimportant than other awards.Economists have also looked at the distribution <strong>of</strong> thesecitations. Patents that cite patents in a broader array <strong>of</strong>technology classes are regarded as having more “originality”;those that are cited by a more technologically dispersedarray <strong>of</strong> patents, more “generality”. Both measures havebeen interpreted as indicative <strong>of</strong> the fundamental importance<strong>of</strong> the research being patented. 5In addition to the truncation problem delineated above,we also face challenges around divisional buyouts andcases where the target firm was ultimately acquired byanother corporation. In these instances, the firm’s patentsmay not be assigned to the target but rather to the corporateparent. Consider, for instance, a divisional buyout. Many <strong>of</strong>the patents applied for three years before the buyout arelikely to be issued before the private equity investment: inmost instances, these will be assigned to the corporateparent. Even some patents applied for by employees <strong>of</strong> thebought‐out division that are issued after the buyout maynonetheless be assigned to the corporate parent ratherthan to the target.While we are unable to comprehensively solve this problem,we can partially address the issue. In unreported regressions,we repeat the analyses, capturing some, though not all,<strong>of</strong> the additional patents associated with bought‐out firmsthat are units <strong>of</strong> larger concerns during part <strong>of</strong> the periodfrom three years before to five years after the investment.In particular, we first collect the names <strong>of</strong> all the individualinventors in the patents applied for by each privateequity‐backed firm during the study period. We then identifyall patents either assigned to its corporate parent prior to theprivate equity investment or assigned to the target’s acquirerafter the private equity investment that had an inventor whowas on the list. We feel confident that this criterion is aconservative one: it will help us identify some, though notall, <strong>of</strong> the missing patents associated with the target. It will,however, identify few “false positives”, or patents assignedto the parent that are not associated with the target. If wedelete these supplemental patents from the analyses below,the statistical and economic significance <strong>of</strong> the results doesnot change materially.Finally, we gathered information on patents similar tothe ones awarded to the private equity‐backed firms. Inparticular, we identified all other patents assigned to thesame primary US patent class and with the same grantyear as the sample firms’ awards. We computed the meannumber <strong>of</strong> citations per year to these patents, as well asthe mean generality and originality <strong>of</strong> these matches. <strong>The</strong>secomparison sets allow us to control for any industry‐widechanges that may have happened around the time <strong>of</strong> theprivate equity transactions.3. MethodologyThis section describes the methodological choices we makein the empirical analysis that follows.In our analysis, we will focus on the quality, size and structure<strong>of</strong> the target’s patent portfolios in four ways:1. We examine the patents applied for before and after theprivate equity investment, using citations as the proxy forthe quality, or economic importance. 6 In particular, weexamine whether their citations in subsequent documentschange before and after the transaction.2. We examine whether the patents are substantially moreor less fundamental, or basic, after the transactions.In particular, we use the measures <strong>of</strong> patent originalityand generality, which are computed using the dispersion<strong>of</strong> patent classes in the patents that cite or are cited bythe awards.3. We examine variations in the propensity <strong>of</strong> firms t<strong>of</strong>ile for patent protection before and after privateequity investments.4Statistics available at http://www.uspto.gov/web/<strong>of</strong>fices/com/annual/2006/50304_table4.html (accessed 21 October 2007). It is natural to ask whywe only examine successful patent applications, rather than all patent filings. Unfortunately, the USPTO did not publish information on applications forpatents filed prior to November 2000, and even these data are imperfect: not all applications in the US are published and information on successfulapplications is <strong>of</strong>ten removed from the database <strong>of</strong> applications.5Each patent is assigned to a primary (three-digit) patent class as well as a subclass using the USPTO’s classification scheme. <strong>The</strong>se classificationsare important to the USPTO as they are used to search subsequent awards. We follow the literature in computing these measures as one minus theHerfindahl index <strong>of</strong> the primary patent class <strong>of</strong> the cited or citing patents. Thus, a higher measure <strong>of</strong> originality or generality means that the patent isdrawing on or being drawn upon by a more diverse array <strong>of</strong> awards.6<strong>The</strong> widespread acceptance <strong>of</strong> patent citations as an indicator <strong>of</strong> economic importance is discussed in Griliches (1990) and Jaffe and Trajtenberg (2002).30 Large-sample studies: Long-run investment<strong>The</strong> <strong>Global</strong> <strong>Economic</strong> <strong>Impact</strong> <strong>of</strong> <strong>Private</strong> <strong>Equity</strong> <strong>Report</strong> <strong>2008</strong>
4. Finally, we explore whether firms alter their patent filingpractices after the private equity transactions. In particular,we examine whether the changes in patent quality can beexplained by firms increasingly patenting in certain areas.<strong>The</strong>se analyses listed above provide some indications asto the impact <strong>of</strong> private equity on long‐run investments. Ifindeed we observe higher quality patent filings, and a moretargeted allocation <strong>of</strong> innovative activity, the patterns may beinterpreted as consistent with the arguments postulated byJensen (1989, 1993) about the salutatory effects <strong>of</strong> privateequity investments. If there is a decrease in these measures<strong>of</strong> innovative activities, we interpret the results as consistentwith the more sceptical views <strong>of</strong> private equity investment.We also look across the different types <strong>of</strong> transactionslisted in Table 1, Panel B. For instance, public‐to‐privatetransactions are most common at the top <strong>of</strong> the privateequity market cycles. Do these transactions have more<strong>of</strong> a deleterious impact on innovation?4. AnalysisWe proceed in five steps. First, we report on the analysis <strong>of</strong>patent importance. Second, we examine the fundamentalnature <strong>of</strong> the patents being awarded. Third, we describe thevarious robustness checks <strong>of</strong> the results regarding patentquality we undertake in supplemental analyses. Fourth, welook at the quantity <strong>of</strong> patenting by these firms. Finally, wepresent some findings about the firms’ patent portfoliosbefore and after the private equity investments.A. Measuring patent importanceWe begin by examining the quality <strong>of</strong> the patents in thesample. <strong>The</strong> most widely used measure in the literature,as noted above, is patent citations.One essential challenge is determining the number <strong>of</strong> yearsover which we should compute patent citations. <strong>The</strong>re is aconsiderable degree <strong>of</strong> serial correlation in patent citations:patents that are highly cited in their first few years tend to becited heavily throughout their lifetimes (Jaffe and Trajtenberg2002). Our sample is back‐end loaded, and we focus oncitations in the year that the patent is issued and the threefollowing calendar years. 7 We examine the sensitivity <strong>of</strong> theresults to this choice in Section 4C below.Table 2 takes a first look at the citations to the patents filedprior to and after the private equity transactions. <strong>The</strong> twopanels treat patents filed in the calendar year <strong>of</strong> the privateequity investment in two different ways: Panel A (on whichwe will focus) compares patents filed in the three calendaryears before and the year <strong>of</strong> the private equity investmentwith those filed in later years, while Panel B compares thosefiled in the three calendar years before the investment withthose in later years.Focusing on Panel A, we see that, on average, patentsissued before the transactions are cited 1.99 times in thefirst three years after they are granted. In contrast, patentsissued after the transactions are cited 2.49 times over thethree years after the grant date, corresponding to a 25%increase in the number <strong>of</strong> citations. <strong>The</strong> patterns are similar,but less sharp, in Panel B.<strong>The</strong>se comparisons are instructive but coarse, since they arebased on the raw citation counts. Figure 2 plots the number<strong>of</strong> citations in the three years after the patent grants for each<strong>of</strong> the patents in the sample. Figure 3 depicts the averagenumber <strong>of</strong> citations for the matching patents, where thematching patents are all US patents granted in the same yearand assigned to the same USPTO technology class. 8 Weobserve a clear increase in the average number <strong>of</strong> citationsfor the private equity‐backed firms. In part, this may reflectthe increased importance <strong>of</strong> patents in later years, but it alsomay reflect two other changes. As the pace <strong>of</strong> patentingworldwide has accelerated, the frequency with which patentsget cited may have changed. Furthermore, as private equityinvestments in high‐technology industries have become morecommon (Strömberg <strong>2008</strong>), the representation <strong>of</strong> patents intechnologically dynamic industries may have increased.Figure 3 illustrates these two changes. In this figure, weobserve an increase in the average number <strong>of</strong> citations forthe matching patents. Thus, it is important to control for thetiming <strong>of</strong> the patent grant and its technology class.To address these concerns, Table 2 also reports relativecitation counts. <strong>The</strong>se are defined as the number <strong>of</strong> citationsin the calendar year <strong>of</strong> the grant and the three calendar yearsthereafter less the number <strong>of</strong> citations in the same years tothe average patent with the same grant year and primaryUSPTO class. When comparing the relative citation counts,both the absolute and percentage increase in the citationcounts are as great or greater.To provide a more nuanced view <strong>of</strong> the changes in the patentcitations, we turn to a multivariate analysis. A natural startingpoint is the Poisson count model. <strong>The</strong> defining property <strong>of</strong>our model is that, for each patent i, the individual citationevents are independently distributed over the three yearsfollowing the grant. <strong>The</strong> intensity <strong>of</strong> citations is denoted asλ i, and with this intensity, the patent receives λ i citations,on average, over the three years following the grant date.To compare these intensities before and after the buyouttransaction, we estimate a basic Poisson specification1n (λ i) = Χ í β (1)7In the USPTO data, patents are typically not cited prior to issuance. This reflects the fact that many awards are not published prior to issuance andthat the USPTO does not update its records <strong>of</strong> citations to published patent applications to include the number <strong>of</strong> the ultimately granted patents.Thus, the grant date is the beginning <strong>of</strong> the period when a patent can garner citations.8Patents are assigned during the application process to one <strong>of</strong> approximately 1,000 technology classes, as well as a more detailed subclass. <strong>The</strong>seclassifications are important, since they are the primary way in which the USPTO identifies other relevant patents during the examination process.<strong>The</strong> <strong>Global</strong> <strong>Economic</strong> <strong>Impact</strong> <strong>of</strong> <strong>Private</strong> <strong>Equity</strong> <strong>Report</strong> <strong>2008</strong> Large-sample studies: Long-run investment 31
- Page 2 and 3: The Globalization of Alternative In
- Page 5: ContributorsCo-editorsAnuradha Guru
- Page 9 and 10: PrefaceKevin SteinbergChief Operati
- Page 11 and 12: Letter on behalf of the Advisory Bo
- Page 13 and 14: Executive summaryJosh lernerHarvard
- Page 15 and 16: • Private equity-backed companies
- Page 17 and 18: C. Indian casesThe two India cases,
- Page 19 and 20: Part 1Large-sample studiesThe Globa
- Page 21 and 22: The new demography of private equit
- Page 23 and 24: among US publicly traded firms, it
- Page 25 and 26: should be fairly complete. While th
- Page 27 and 28: according to Moody’s (Hamilton et
- Page 29 and 30: draining public markets of firms. I
- Page 31 and 32: FIguresFigure 1A: LBO transactions
- Page 33 and 34: TablesTable 1: Capital IQ 1980s cov
- Page 35 and 36: Table 2: Magnitude and growth of LB
- Page 37 and 38: Table 4: Exits of individual LBO tr
- Page 39 and 40: Table 6: Determinants of exit succe
- Page 41 and 42: Table 7: Ultimate staying power of
- Page 43 and 44: Appendix 1: Imputed enterprise valu
- Page 45 and 46: Private equity and long-run investm
- Page 47: alternative names associated with t
- Page 51 and 52: When we estimate these regressions,
- Page 53 and 54: cutting back on the number of filin
- Page 55 and 56: Table 1: Summary statisticsPanel D:
- Page 57 and 58: Table 4: Relative citation intensit
- Page 59 and 60: figuresFigure 1: Number of private
- Page 61 and 62: Private equity and employment*steve
- Page 63 and 64: Especially when taken together, our
- Page 65 and 66: centred on the transaction year ide
- Page 67 and 68: and Vartia 1985.) Aggregate employm
- Page 69 and 70: sectors. In Retail Trade, the cumul
- Page 71 and 72: employment-weighted acquisition rat
- Page 73 and 74: FIguresFigure 1: Matches of private
- Page 75 and 76: Figure 6:Figure 6A: Comparison of n
- Page 77 and 78: Figure 8:Figure 8A: Comparison of j
- Page 79 and 80: Figure 11: Variation in impact in e
- Page 81 and 82: Figure 12: Differences in impact on
- Page 83 and 84: Private equity and corporate govern
- Page 85 and 86: et al (2007) track the evolution of
- Page 87 and 88: groups aim to improve firm performa
- Page 89 and 90: distribution of the LBO sponsors, m
- Page 91 and 92: the most difficult cases. This stor
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- Page 97 and 98: TablesTable 1: Company size descrip
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Table 5: Changes in the board size,
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Table 7: Board turnoverPanel A: Siz
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Part 2Case studiesThe Global Econom
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European private equity cases: intr
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Exhibit 1: Private equity fund size
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Messer Griesheimann-kristin achleit
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ealized it was not possible to grow
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The deal with Allianz Capital partn
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the deal, the private equity invest
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Exhibit 1: The Messer Griesheim dea
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Exhibit 5: Post buyout structureMes
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New Lookann-kristin achleitnerTechn
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feet. This restricted store space w
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institutional investors why this in
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Although a public listing did not a
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Exhibit 5: Employment development a
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Chinese private equity cases: intro
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Hony Capital and China Glass Holdin
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Hony’s Chinese name means ambitio
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Establishing early agreement on pos
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Executing the IPOEach of the initia
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Exhibit 1A: Summary of Hony Capital
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Exhibit 4: Members of the China Gla
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Exhibit 6A: China Glass post‐acqu
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Exhibit 8: China Glass stock price
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3i Group plc and Little Sheep*Lily
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y an aggressive franchise strategy,
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soul” of the business. But there
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Exhibit 1: Summary information on 3
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Exhibit 6: An excerpt from the 180-
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Indian private equity cases: introd
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ICICI Venture and Subhiksha *Lily F
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investment,” recalled Deshpande.
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2005 - 2007: Moderator, protector a
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Exhibit 3: Subhiksha’s board comp
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Warburg Pincus and Bharti Tele‐Ve
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founded two companies at this time
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By 2003 this restructuring task was
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Exhibit 1C: Private equity investme
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Exhibit 4B: Bharti cellular footpri
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Exhibit 6: Summary of Bharti’s fi
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Exhibit 7: Bharti’s board structu
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In the 1993‐94 academic year, he
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consumer products. She was also a R
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AcknowledgementsJosh LernerHarvard
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The World Economic Forum is an inde