Injunction

April 26, 2017
Taladay, John

Measuring The Impact Of Injunctive Relief On Innovation

This article considers the impact of injunctions, or more specifically the lack of the availability of an injunction, on an innovator’s investment decisions. It concludes that: (1) it is possible to measure the impact that a “no injunction” in patent infringement actions will have on innovation...Read More

February 7, 2017
Epstein, Richard and Noroozi, Kayvan

Why Incentives for 'Patent Holdout' Threaten to Dismantle FRAND, and Why it Matters

This paper demonstrates that an implementer-centric view of FRAND is false and incentivizes the very patent holdout problem FRAND was intended to avoid. An increasing number of judges, legislators and scholars wrongly believe that the FRAND commitment was principally created to advance the...Read More

4/27/2016

Interdigital vs. Nokia & ZTE Initial Determination on Remand

Initial Determination on Remand for Interdigital vs. Nokia & ZTE 337-TA-613Read More

Fall 2015
Shapiro, Carl

Injunctions, Hold-Up, and Patent Royalties

Abstract

A simple model is developed to study royalty negotiations between a patent holder and a downstream firm whose product is more valuable if it includes a feature covered by the patent. The downstream firm must make specific investments to develop, design, and sell its product before...Read More

7/10/2015
Gupta, Kirti and Kesan, Jay

Studying the Impact of eBay on Injunctive Relief in Patent Cases

Abstract

The Supreme Court’s 2006 decision on eBay Inc. vs MercExchange LLC (the eBay ruling) marked a turning point in the history of patent enforcement and policy. Almost a decade after the eBay ruling, there is still confusion about the implications and impact of this decision. Such questions...Read More

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