Abstract

http://ssrn.com/abstract=281238
 
 

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Tilting the Table? The Use of Preliminary Injunctions


Jean O. Lanjouw


University of California, Berkeley, College of Natural Resources, Department of Agricultural & Resource Economics (deceased); Brookings Institution (deceased)

Josh Lerner


Harvard Business School - Finance Unit; Harvard University - Entrepreneurial Management Unit; National Bureau of Economic Research (NBER)


Journal of Law & Economics, Vol. 44, No. 2, Part 1, October 2001

Abstract:     
This paper examines the economic role of preliminary injunctions in legal disputes. We present a model in which differences in financing costs drive the use of preliminary injunction and explore the implications of this legal remedy for ex-post efficiency and ex-ante incentives. Controlling for the nature of the dispute, we examine the relationships between the financial status of litigating parties and whether a preliminary injunction is requested. The empirical analysis uses detailed data compiled for a sample of 252 patent suits and reveals patterns generally consistent with those suggested by the model.

Accepted Paper Series


Not Available For Download

Date posted: October 3, 2001  

Suggested Citation

Lanjouw, Jean O. and Lerner, Josh, Tilting the Table? The Use of Preliminary Injunctions. Journal of Law & Economics, Vol. 44, No. 2, Part 1, October 2001. Available at SSRN: http://ssrn.com/abstract=281238

Contact Information

Jean Olson Lanjouw (Contact Author)
University of California, Berkeley, College of Natural Resources, Department of Agricultural & Resource Economics (deceased)
Brookings Institution (deceased)
Josh Lerner
Harvard Business School - Finance Unit ( email )
Boston, MA 02163
United States
617-495-6065 (Phone)
617-496-7357 (Fax)
HOME PAGE: http://www.people.hbs.edu/jlerner/
Harvard University - Entrepreneurial Management Unit
Cambridge, MA 02163
United States
National Bureau of Economic Research (NBER)
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
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