Preliminary injunctions in generic and branded patent litigation

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

TRADE SECRET LITIGATION: TROs, PRELIMINARY INJUNCTIONS, AND SOME THINGS TO THINK ABOUT FIRST

Your former employee recently joined a competitor. Email records confirm that he transferred technology or customer files to his home computer before his abrupt resignation. Other evidence suggests actual–or the threat of–trade secret misappropriation. No company wishes the distraction, expense, and uncertainty that typically accompany litigation. But litigation may be the most effective means–...

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...

Predatory patent litigation

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