Injunctions in Patent Law

Injunctions in Patent Law
Title Injunctions in Patent Law PDF eBook
Author Jorge L. Contreras
Publisher Cambridge University Press
Pages 363
Release 2022-05-12
Genre Law
ISBN 1108835619

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

Patent Remedies and Complex Products

Patent Remedies and Complex Products
Title Patent Remedies and Complex Products PDF eBook
Author C. Bradford Biddle
Publisher Cambridge University Press
Pages 379
Release 2019-06-27
Genre Business & Economics
ISBN 1108426751

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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 Challenges for Standard-Setting in the Global Economy

Patent Challenges for Standard-Setting in the Global Economy
Title Patent Challenges for Standard-Setting in the Global Economy PDF eBook
Author National Research Council
Publisher National Academies Press
Pages 181
Release 2013-10-07
Genre Political Science
ISBN 0309293154

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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.

Patent Law Injunctions

Patent Law Injunctions
Title Patent Law Injunctions PDF eBook
Author Rafał Sikorski
Publisher Kluwer Law International B.V.
Pages 304
Release 2018-11-27
Genre Law
ISBN 9041194584

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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.

Navigating the Patent System

Navigating the Patent System
Title Navigating the Patent System PDF eBook
Author James Yang
Publisher
Pages 266
Release 2017-11-05
Genre
ISBN 9780999460108

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Attention: Inventors and startups! Is the patent system confusing to you? Navigating the Patent System will give you more clarity regarding your potential next steps and increase your confidence as you make your patenting decisions. 7 Core Patent Concepts, Drafting the Patent Application and FAQs during patent process are explained.

Patent Litigation and Strategy

Patent Litigation and Strategy
Title Patent Litigation and Strategy PDF eBook
Author Kimberly A. Moore
Publisher West Academic Publishing
Pages 952
Release 2008
Genre Law
ISBN

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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.

Comparative Patent Remedies

Comparative Patent Remedies
Title Comparative Patent Remedies PDF eBook
Author Thomas F. Cotter
Publisher Oxford University Press
Pages 467
Release 2013-03-21
Genre Law
ISBN 0199840652

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In Comparative Patent Remedies, Thomas Cotter provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.