Nationwide Injunctions

Anticompetitive Patent Injunctions

Injunctions for NEPA Violations: Balancing the Equities

The National Environmental Policy Act of 1969 (NEPA) reads like no other environmental statute. Its language is lofty and aspirational. Section 101 proclaims a national environmental policy "to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans."' It de...

The Limits of Fourth Amendment Injunctions

INTRODUCTION................................................................................... 127 I. THE LAW AND PRACTICE OF FOURTH AMENDMENT INJUNCTIONS ............................................................................ 129 II. THE DIFFICULTY WITH BROAD FOURTH AMENDMENT INJUNCTIONS ............................................................................ 133 CONCLUSION.............

Damages and injunctions in protecting intellectual property

We investigate how liability rules and property rules protect intellectual property. Infringement might not be deterred under any of the enforcement regimes available. However, counterintuitively, a credible threat of infringement can actually benefit the patentholder. We compare the two doctrines of damages, lost profit (lost royalty) and unjust enrichment, and argue that unjust enrichment pro...

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...