Injunctions in European Patent Law

Preliminary Injunctions and Damage Rules in Patent Law

This paper shows that preliminary injunctions may be sought in patent cases to obtain market power during the period of the injunction and are likely to be sought only where there is a small probability that the patent will be ultimately found valid. Both patentee and alleged infringer benefit from a preliminary injunction. This is an artifact of the asymmetry of current damage rules. Altering ...

Anticompetitive Patent Injunctions

Injunctions, Hold-Up, and Patent Royalties

This paper studies royalty negotiations between a patent holder and a downstream firm selling a product which is more valuable if it includes a feature covered by the patent. Royalties are negotiated in the shadow of patent litigation, which will determine whether or not the patent is valid and infringed. If the two firms negotiate after the downstream firm has already designed its product to i...

analysis of contract law of commercial expectations in patent license

In this research, protection of commercial expectation has been examined. The main question is how we could identify and assess existence of commercial expectations. In response, commercial expectation are acquisition of expectable benefit in market, mass production, absence of technical failure in licensed knowledge and so on. Therefore, it is essential to response by analysis of contract law ...

Patent Theory versus Patent Law

According to the economic theory of patents, patents are needed so that pioneer firm have time to recoup their sunk costs of research and development. The key element in the economic theory is that pioneer firms have large, hard to recoup, sunk costs. Yet patents are not awarded on the basis of a firm’s sunk costs. Patent law, in fact, ignores costs. The disconnect between patent law and patent...