Injunctions In Patent Law

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Patent Remedies And Complex Products

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Author : C. Bradford Biddle
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27

Patent Remedies And Complex Products written by C. Bradford Biddle and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Business & Economics categories.

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.

Patent Law Injunctions

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Author : Rafał Sikorski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-27

Patent Law Injunctions written by Rafał Sikorski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-27 with Law categories.

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.

Injunctions In Patent Law

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Author : Jorge L. Contreras
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-12

Injunctions In Patent Law written by Jorge L. Contreras and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-12 with Law categories.

Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.

The Global Regime For The Enforcement Of Intellectual Property Rights

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Author : Xavier Seuba
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26

The Global Regime For The Enforcement Of Intellectual Property Rights written by Xavier Seuba and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.

In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.

Patent Law In Global Perspective

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Author : Ruth L. Okediji
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

Patent Law In Global Perspective written by Ruth L. Okediji and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.

Patent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries and various disciplines. The rich scholarship featured reflects on a wide range of perspectives, offering insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues that are at the forefront of efforts to reform the global patent system, and to reconfigure geo-political interests in on-going multilateral, trilateral, and bilateral initiatives.

Intellectual Property And The Common Law

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Author : Shyamkrishna Balganesh
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-02

Intellectual Property And The Common Law written by Shyamkrishna Balganesh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-02 with Law categories.

Leading scholars of intellectual property and information policy examine what the common law can contribute to discussions about intellectual property's scope, structure and function.

Justifying Intellectual Property

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Author : Robert P. Merges
language : en
Publisher: Harvard University Press
Release Date : 2011-06-13

Justifying Intellectual Property written by Robert P. Merges and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-13 with Business & Economics categories.

In a sophisticated defense of intellectual property, Merges draws on Kant, Locke, and Rawls to explain how IP rights are based on a solid ethical foundation and make sense for a just society. He also calls for appropriate boundaries: IP rights are real, but they come with real limits.

A Practitioner S Guide To European Patent Law

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Author : Paul England
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-03

A Practitioner S Guide To European Patent Law written by Paul England and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-03 with Law categories.

This new edition is a comprehensive and practical guide to European patent law – a 'ius commune'. The book highlights the areas of consistency and difference between the most influential European patent law jurisdictions: the European Patent Office, England and Wales, France, Germany, and the Netherlands. The book also draws insights from further afield, with contributions from other, very active, patent jurisdictions, including Italy, Sweden, Denmark, and Switzerland. Uniquely, the book addresses European patent law by subject matter area, assessing the key national and EPO approaches together rather than nation by nation. Each chapter outlines the common ground between the national approaches and provides a guide for the possible application of European patent law in national courts and the UPC in the future. In addition to featuring content on new countries, the second edition includes new chapters dedicated to the substantive aspects of FRAND, declarations, and evidence. There is also an expanded commentary on construction, including common terms used in patent claims. A must-read for anyone working in the field of European patent law.

Preventing Publication Of Inventions And Prohibiting Injunctions On Patents

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Author : United States. Congress. House. Committee on Patents
language : en
Publisher:
Release Date : 1941

Preventing Publication Of Inventions And Prohibiting Injunctions On Patents written by United States. Congress. House. Committee on Patents and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1941 with Injunctions categories.

Patent Litigation And Strategy

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Author : Kimberly Pace Moore
language : en
Publisher: West Academic Publishing
Release Date : 2003

Patent Litigation And Strategy written by Kimberly Pace Moore and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Patent suits categories.

This book sets out governing statutes and rules at the beginning of each chapter and includes sample litigation documents where possible. Casebook begins with who to sue, where to sue, pleading requirements, discovery, and trial strategy. It then moves into substantive legal issues at trial and focuses on litigation remedies issues including injunctive relief, contempt proceedings, and damages. Also included are post-trial matters including jury instructions, special verdict forms, the judgment, judgment as a matter of law, and new trial motions. Finally, the book covers the appeal process, the unique issues in litigation involving assignees/assignors and licensees/licensors, and reexamination and reissue proceedings.