Download or read book Patent Law Injunctions written by Rafał Sikorski and published by Kluwer Law International B.V.. This book was released on 2018-11-27 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.

Download or read book Injunctive Relief for Patent Infringement written by LandMark Publications and published by . This book was released on 2017-06-24 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and apply the standard for injunctive relief in cases of patent infringement. The selection of decisions spans from 2013 to the date of publication.The Patent Act provides a patentee with the "right to exclude others from making, using, offering for sale, or selling the [patented] invention." 35 U.S.C. § 154(a)(1). This right has its roots in the U.S. Constitution's Intellectual Property Clause, which refers to inventors' "exclusive Right to their respective ... Discoveries." U.S. Const. art. I, § 8, cl. 8. In furtherance of this right to exclude, district courts "may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable." 35 U.S.C. § 283. "[N]ot surprising[ly], given the difficulty of protecting a right to exclude through monetary remedies that allow an infringer to use an invention against the patentee's wishes," historically courts have "granted injunctive relief upon a finding of infringement in the vast majority of patent cases." eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 395, 126 S.Ct. 1837, 164 L.Ed.2d 641 (2006) (Roberts, C.J., concurring) (emphasis in original). Apple Inc. v. Samsung Electronics Co., Ltd., 801 F. 3d 1352 (Fed. Cir. 2015).

Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.

Download or read book Injunctions in Patent Law written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2022-05-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.

Download or read book Preliminary Relief in Patent Infringement Disputes written by Robert H. Resis and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary relief can play a critical role in facilitating resolution of a patent infringement dispute. The Supreme Court's decision in eBay Inc. v. MercExchange, LLC changed the legal landscape in the area of preliminary relief in the minds of many judges. This concise guide examines the issues that are most important in seeking preliminary injunctive relief in a patent case and provides a pertinent review of how such injunction requests have been treated by the Federal Circuit and district courts since the important eBay decision.

Download or read book Discretionary Injunctive Relief for Patent Infringement written by Richard Li-dar Wang and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eBay decision of the U.S. Supreme Court in 2006 opens the door for discretionary injunctive relief in patent infringement cases. This essay examines the development of case law and scholarly discussion in the post-eBay era. The author finds eBay illuminates that patents are not private rights that demand full remuneration when being infringed, but rather a tool of incentivizing sufficient innovations to the public. The remedies for patent infringement need not redress all the losses that the patentee suffers, but rather simply reimburse the R&D cost for the purpose of preventing over-incentivizing. Six indicators are put forth to assess the need for incentives to promote specific innovations, which can serve as an excellent guide for courts to adjudicate injunctions and develop a layered remedy system for patent infringement. Developing countries usually face conflicting policy concerns regarding innovations. Discretionary injunctive relief is in compliance with the TRIPS Agreement, and capable of empowering the courts to fine-tune the strength of patents on a case-by-case basis, which assists the developing world to reconcile conflicting concerns. The same six indicators may also help courts in developing countries to use their discretion on injunction relieves more wisely.

Download or read book Patent Challenges for Standard Setting in the Global Economy written by National Research Council and published by National Academies Press. This book was released on 2013-10-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.

Download or read book Patent Law Reform written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property and published by . This book was released on 2007 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property Litigation written by Eric M. Dobrusin and published by Aspen Publishers Online. This book was released on 2008-08-21 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual Property Litigation: Pretrial Practice, Third Edition offers up-to-date, comprehensive case analysis and a clear framework for streamlining the procedural requirements and issues involved in resolving patent disputes. You'll find unparalleled analysis of crucial procedures and guiding case law on key phases of pretrial litigation practice including: preliminary injunction, bifurcation, discovery, summary judgment, and more. With Intellectual Property Litigation, youand’ll learn cutting-edge, evidence-based practices to establish facts, test the sufficiency of your opponentand’s case, commit your opponent to a position, and focus the issues toward your advantage. This must-have resource provides expert guidance and in-depth case analysis to pave your way through complex intellectual property litigation, including: How to use injunctive relief, bifurcation, discovery, and summary judgment to resolve disputes The best methods for protecting sensitive information from discovery Recognizing and using the claims and defenses commonly encountered in patent litigation Recent Federal Circuit and Supreme Court cases on the evolving standards for invalidating patents And much more!

Download or read book Intellectual Property Law written by Terence P. Ross and published by Law Journal Press. This book was released on 2000 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two crucial concerns of intellectual property owners--how to recover monetary compensation when an infringement has occurred and how to prevent further infringement.

Download or read book Handbook of Intellectual Property Claims and Remedies written by Patrick J. Flinn and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 1388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now there's a one-stop source of answers to the critical remedies questions that arise in today's intellectual property claims. Handbook of Intellectual Property Claims and Remedies is the first single-volume treatise to focus exclusively on the substantive law governing remedies and strategies for obtaining them in intellectual property litigation. Written by Patrick J. Flinn, an intellectual property specialist from Alston and Bird in Atlanta, GA, Handbook of Intellectual Property Claims and Remedies offers step-by-step guidance on how to maximize -- or minimize -- possible remedies at all stages of litigation, from pre-filing decisions through appeals. You'll find vital information you can use to: Evaluate general remedial concepts involving lost profits, unjust enrichment, and out-of-pocket damages in IP claims Establish which claims can affect which types of relief, and what problems may arise in joining different claims in the same action Avoid costly mistakes at all stages of the case. Handbook of Intellectual Property Claims and Remedies is full of practice tools to help you build and present your best case, including a quick-reference matrix on IP rights and remedies, sample demand letters and responses, current statistics on jury awards, case citations, checklists, and more!

Download or read book Holdup Royalty Stacking and the Presumption of Injunctive Relief for Patent Infringement written by J. Gregory Sidak and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Patent holdup" is described by its critics as occurring when a patent-holder uses a court's issuance of an injunction (or merely the threat of an injunction) to block an infringer's use of the patented invention unless the infringer, who has made sunk investments in expectation of using the patented invention, pays a royalty that is, from the infringer's perspective, excessively high. "Royalty stacking" is described by its critics as occurring when a product sold to end users incorporates many separate patented inputs, and the holder of the patent to one such input - an input lacking immediate substitutes - demands a high royalty from the manufacturer of the end product without regard to the effect that this royalty will have on the total amount of royalties that the manufacturer must pay to all holders of patented inputs and, consequently, the price that the manufacturer must charge end users. Professors Mark Lemley and Carl Shapiro argue that patent holdup and royalty stacking are serious problems, and that legislators or courts (if not both) should limit the circumstances in which a patent-holder may avail himself of the existing statutory right to enjoin the infringer's use of the patent - essentially only if the patent protects an input that represents a "significant" portion of the final value of the product. I critique the Lemley-Shapiro model of patent law. I dispute its main finding that the threat of an injunction inflates royalty payments in many cases relative to a hypothetical benchmark royalty rate. The Lemley-Shapiro framework does not properly account for the relevant error costs associated with weakening the presumption of injunctive relief. In particular, Lemley and Shapiro fail to consider how removing the presumption of injunctive relief could decrease dynamic efficiency. Furthermore, even if their framework were correct, Lemley and Shapiro rely on biased parameters that preordain their result. This outcome follows for two reasons. First, because Lemley and Shapiro fail to account for the real option conferred on potential users of the patent when a patent-holder makes sunk investments in new technologies or products, their hypothetically reasonable royalty rate is biased downwards. Second, the Lemley-Shapiro model reaches its result not by deriving a general bargaining model, but by assigning all the bargaining power to the patent-holder and claiming a general result. Both factors bias Lemley's and Shapiro's results in favor of the infringing party.

Download or read book Patent Litigation written by Laurence H. Pretty and published by Practising Law Institute. This book was released on 2001 with total page 871 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Litigation shows you how to spot and shore up weaknesses in your case; make effective pretrial, trial, and post-trial motions; enhance your direct-examination and cross-examination skills; accurately measure and prove the amount of damages; and achieve favorable settlements when litigation is not the way to go.

Download or read book Patent Quality Improvement written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property and published by . This book was released on 2003 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patent Litigation and Strategy written by Kimberly A. Moore and published by West Academic Publishing. This book was released on 2008 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents where possible. The casebook begins with discussions of who to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues. The Third Edition includes new material on pharmaceutical litigation under the Hatch-Waxman Act and the most developments in the law of invalidity and infringement. The book next addresses issues surrounding remedies, including injunctive relief (with a discussion of the Supreme Court's eBay decision), contempt proceedings, and damages. Also included are post-trial matters including jury instructions, special verdict forms, the preclusive effect of final judgments, judgment as a matter of law, and new trial motions. Finally, the book covers the appeal process and reexamination and reissue proceedings.

Download or read book Permanent Injunctions as Punitive Damages in Patent Infringement Cases written by Paul J. Heald and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although much ink has been spilled over the decision of the Supreme Court in eBay v. Mercexchange to modify the test for equitable relief in patent cases and to nullify the long-standing presumption that victims of infringement are always entitled to permanent injunctions, an obvious point is never pursued: Injunctions in patent cases can function like punitive damages at common law. In cases where the infringer's costs of switching to an alternative non-infringing technology are sufficiently high, patent "hold up" will occur, whereby the patentee will be able to negotiate a post-injunction license that exceeds the amount that would have been determined by an ex ante arms-length bargain (i.e., a reasonable royalty). Permanent injunctions that result in the recovery of an extra-compensatory bounty function like punitive damages and can be analyzed as such. This article examines the economic literature on punitive damages and identifies the limited set of circumstances where permanent injunctions are warranted.

Download or read book Patent Litigation written by Massimo Sterpi and published by Sweet & Maxwell. This book was released on 2011 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Conflict of Laws is now a well-established textbook on this complicated and fast moving area of law. The text explains the fundamental principles of the subject but also allows the reader to stand back from the rules dealing with specific topics and to consider some issues which concern the working of the conflict of laws as a whole, in particular, the theoretical basis and methodology., thus, making it an ideal textbook for students on both academic and professional courses.