Cross-Border Injunctions in U.S. Patent Cases and Their Enforcement Abroad

Abstract:     
In surveying recent literature on difficulties with cross-border injunctions in patent cases, one may conclude that the problem appears to be limited to the phenomenon of pan-European injunctions granted by some courts in Europe in cases concerning infringements of foreign patents. However, even in cases concerning domestic patents, injunctions reaching beyond national borders can be issued; the empirical evidence presented in the paper demonstrates a variety of such instances in U.S. patent cases. Certainly the existence of such injunctions in the U.S. raises concerns about their enforceability in other countries, particularly when they are issued against a foreign entity that has no assets in the U.S.; in such cases the assistance of foreign courts may be necessary to assure enforcement of the U.S.-issued injunctions. The paper discusses various methods of enforcement of these injunctions abroad and outlines the difficulties that parties are likely to encounter when trying to enforce such remedies outside the U.S.

Number of Pages in PDF File: 40

Keywords: intellectual property, private international law, injunctions, cross-border litigation, patents

Accepted Paper Series