摘要：In recent years, the innovation market has witnessed a new business model involving companies that are mere patent holding shells and not operating entities. They have no customers or products to offer, but they do have an aggressive tactic of using patent portfolios to threaten other operating companies with potential infringement litigation. The strategy is executed with the end goal of extracting handsome settlements. Acquisitions of patents for offensive use have become a major concern to operating companies because such acquisitions pose the threats of patent injunction, interrupting the business and crippling further innovation. While many operating companies today know that innovation is the cornerstone of the technology and information based economy, not many companies today self-develop every segment of their end products or services. If a company cannot self-develop certain innovations, it can acquire the innovations. Purchases, transfers, and licenses of technology are common occurrences, which allow companies to achieve maximum results. Companies acquire innovations to supplement their research and development and ultimately strengthen their presence in the marketplace. Companies often turn to startups and young entities to acquire these supplemental innovations, generally in the form of promising intellectual property portfolios. As segmentation of the innovation market expands, acquiring innovations is part of many companies' strategic plan. For example, Intel acquired Oplus Technologies in early 2005 for Oplus's advanced video processing technology and then acquired Zarlink in late 2005 for its demodulation and tuner technologies. Intel used these combined technologies to complement Intel's core microprocessor technology, enhancing Intel's ability to control the consumer electronic market. Likewise, Boston Scientific acquired EndoTex Interventional Systems, Inc. for its NexStent Carotid Stent. This acquisition potentially provides Boston Scientific with the opportunity to incorporate the NexStent Carotid Stent into Boston Scientific's portfolio of available carotid artery products so it can expand its market. These examples beg the questions of how tax law currently treats innovation acquisition costs and whether that treatment stimulates further innovations vis-à-vis encouraging acquisitions of innovations to occur. As a widely accepted principle of taxation, any expenditure that produces a benefit lasting beyond the current tax period should be capitalized. Under current tax policy, the costs of innovation development are not subject to this general capitalization principle, but can be deducted when incurred. In contrast, the costs of innovation acquisitions are subject to normative capitalization, as well as a host of irrational tax depreciation rules that differ depending on method of
