Injunctive Relief

Authors

Norman Siebrasse, University of New BrunswickFollow
Rafal SikorskiFollow
Jorge L. Contreras, University of Utah, SJ Quinney College of LawFollow
Thomas F. Cotter, University of Minnesota Law SchoolFollow
John M. Golden, The University of Texas at Austin School of LawFollow
Sang Jo Jong, Seoul National University, College of LawFollow
Brian J. Love, Santa Clara University School of LawFollow
David O. Taylor, Southern Methodist University, Dedman School of LawFollow

Abstract

Patent systems commonly empower courts to order accused or adjudged infringers to refrain from continuing infringing conduct in the future. Some patentees file suit for the primary purpose of obtaining and enforcing an injunction against infringement by a competitor, and even in cases in which the patentee is willing to license an invention to an accused infringer for an agreed price, the indirect monetary value of an injunction against future infringement can dwarf the amount a finder of fact is likely to award as compensation for past infringement. In some of these cases, an injunction, if granted, would impose costs on accused infringers or third parties that go well beyond the more intrinsic value of the patented technology. This chapter explores the theory behind injunctive relief in patent cases, surveys the availability of this remedy in major patent systems, and suggests a general framework for courts to use when deciding whether injunctive relief is appropriate in individual cases.

Publication Title

Patent Remedies and Complex Products: Toward a Global Consensus

Document Type

Book Chapter

Keywords

injunctions, proportionality, tailoring, ongoing royalty, eBay, irreparable injury, noncompensable harm, holdup, holdout

Recommended Citation

Norman V. Siebrasse, Rafal Sikorski, Jorge L. Contreras, Thomas F. Cotter, John Golden, Sang Jo Jong, Brian J. Love, and David O. Taylor, Injunctive Relief inPATENT REMEDIES AND COMPLEX PRODUCTS: TOWARD A GLOBAL CONSENSUS (Brad Biddle, Jorge L. Contreras, Brian J. Love, and Norman V. Siebrasse, eds., Cambridge University Press)