Injunctive Relief in U.S. Patent Cases
Injunctions in Patent Law (Rafal Sikorski, ed., 2018 Forthcoming)
31 Pages Posted: 4 Oct 2016 Last revised: 8 Oct 2018
Date Written: October 1, 2018
The law of injunctive relief in United States patent cases presents a puzzling set of contrasts. On one hand, it is grounded in venerable common law principles of equity that have been applied by the courts for centuries. On the other hand, it reflects the unique complexities of massively multicomponent products and advanced technology standards. This chapter provides an overview of the U.S. law of patent injunctions, both generally and specifically as applied to standards-essential patents. It also addresses, briefly, considerations surrounding the issuance of exclusion orders by the U.S. International Trade Commission (ITC), a non-judicial federal agency that has recently become an important venue for patent litigation.
Keywords: patent, injunction, equity, eBay, FRAND, standards, Apple, Samsung, Microsoft, Motorola
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