Patent Law Injunctions
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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.
Patent Law Reform
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property
language : en
Publisher:
Release Date : 2007
Patent Law Reform written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Intellectual Property and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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.
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 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.
The Proportionality Test In European Patent Law
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Author : Léon Dijkman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-08
The Proportionality Test In European Patent Law written by Léon Dijkman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-08 with Law categories.
Does a European patent always entitle its holder to a permanent injunction? This question has sparked vigorous debate in past years but so far remains unresolved. This open access book presents a detailed, practical, and comprehensive test to determine when injunctive relief should be limited on proportionality grounds. The book's 3 parts guide readers from proportionality's normative foundations to its practical applications. Part I argues that, contrary to conventional wisdom, proportionality is not an open-ended balancing test but rather applies the principle of commensurate scope at the remedies stage. Part II offers an in-depth analysis of situations where a permanent injunction risks upsetting that principle. It draws on a unique qualitative study of all US District Court decisions between 2006 and 2020 granting or denying a permanent injunction in patent cases to stake out circumstances where an injunction might have disproportionate consequences. Part III grounds the inquiry in EU law and proposes a proportionality test along three elements: overreach, abuse, and conflicts with third-party rights. The book thus provides a distinctly European response to a global problem. The book is an invaluable resource for practitioners, clerks, and scholars looking not only for the normative, empirical, and legal basis of proportionality in European patent law, but also for guidance on its real-world operation. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Preliminary Relief In Patent Infringement Disputes
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Author : Robert H. Resis
language : en
Publisher: American Bar Association
Release Date : 2011
Preliminary Relief In Patent Infringement Disputes written by Robert H. Resis and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Injunctions categories.
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.
Standard Essential Patent Holders
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Author : Rosada B. Vega
language : en
Publisher: Nova Science Publishers
Release Date : 2013-06-19
Standard Essential Patent Holders written by Rosada B. Vega and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-19 with Patent laws and legislation categories.
This book provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The book first summarises several fundamental principles of patent law, then discusses the relationship between standard-setting organisations and FRAND licensing. It continues with an explanation of the role and duties of the International Trade Commission (ITC) and how there are different legal standards that apply to the award of injunctive relief in federal courts and in the ITC. Also discussed are the recent developments relating to standard-essential patents and FRAND licensing that have occurred in federal agencies responsible for antitrust enforcement, ITC cases, and congressional hearings.
Patent Law Reform
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Author : United States Congress Senate Committee
language : en
Publisher:
Release Date : 2015-02-14
Patent Law Reform written by United States Congress Senate Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-14 with categories.
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