Preliminary Relief In Patent Infringement Disputes


Preliminary Relief In Patent Infringement Disputes
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Preliminary Relief In Patent Infringement Disputes


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.



Patent Litigation


Patent Litigation
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Author : Massimo Sterpi
language : en
Publisher: Sweet & Maxwell
Release Date : 2011

Patent Litigation written by Massimo Sterpi and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.


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.



Patent Litigation


Patent Litigation
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Author :
language : en
Publisher:
Release Date : 2018

Patent Litigation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.




Patent Law Injunctions


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.



Intellectual Property Litigation


Intellectual Property Litigation
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Author : Eric M. Dobrusin
language : en
Publisher: Aspen Publishers Online
Release Date : 2008-08-21

Intellectual Property Litigation written by Eric M. Dobrusin and has been published by Aspen Publishers Online this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-21 with Law categories.


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!



Preliminary Injunctive Relief


Preliminary Injunctive Relief
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Author : Jean Olson Lanjouw
language : en
Publisher:
Release Date : 1996

Preliminary Injunctive Relief written by Jean Olson Lanjouw and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with categories.


This paper examines the suggestion that established plaintiffs request preliminary injunctions to predate on less financially healthy firms. We first present a model in which differences in litigation costs drive the use of preliminary injunctions in civil litigation. The hypothesis is tested using a sample of 252 patent suits, which allows us to characterize the litigating parties while controlling for the nature of the dispute. The evidence is consistent with the predation hypothesis. We then explore various implications of the model and the impact of policy reforms.



An International Guide To Patent Case Management For Judges


An International Guide To Patent Case Management For Judges
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2023-04-19

An International Guide To Patent Case Management For Judges written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-19 with Law categories.


Produced with the support of the University of California at Berkeley School of Law and the Berkeley Judicial Institute, this Guide highlights the progress achieved in patent case management in ten patent-heavy jurisdictions. The Guide offers an overview of the patent system in each jurisdiction, including the role of patent offices in evaluating and deciding on patent validity, and the judicial structures responsible for resolving patent disputes. Thereafter chapters are structured on the different stages of patent litigation in civil infringement cases. Readers can create their own custom guide by selecting any combination of jurisdictions and topics covered in the Guide. Please see the Custom guide link: https://www.wipo.int/about-patent-judicial-guide/en



Intellectual Property Litigation


Intellectual Property Litigation
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Author : Eric M. Dobrusin
language : en
Publisher: Aspen Publishers
Release Date : 1996

Intellectual Property Litigation written by Eric M. Dobrusin and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Actions and defenses categories.


This comprehensive legal deskbook provides hundreds of case law summaries for use in the crucial preliminary injunctive relief, bifurcation, discovery, and summary judgment phases of litigation practice. It will help you make informed strategic and tactical decisions, enabling quick results in this complex field of litigation. You'll nail down the details of summary judgment practice -- the most critical aspect of pretrial intellectual property litigation practice -- and also be able to save time on research.



Intellectual Property Law


Intellectual Property Law
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Author : Terence P. Ross
language : en
Publisher: Law Journal Press
Release Date : 2000

Intellectual Property Law written by Terence P. Ross and has been published by Law Journal Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.


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.



Patent Remedies And Complex Products


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.