Injunctive Relief in U.S. Patent Cases

Injunctions in Patent Law (Rafal Sikorski, ed., 2018 Forthcoming)

University of Utah College of Law Research Paper No. 183

31 Pages Posted: 4 Oct 2016 Last revised: 8 Oct 2018

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: October 1, 2018

Abstract

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

Suggested Citation

Contreras, Jorge L., Injunctive Relief in U.S. Patent Cases (October 1, 2018). Injunctions in Patent Law (Rafal Sikorski, ed., 2018 Forthcoming), University of Utah College of Law Research Paper No. 183, Available at SSRN: https://ssrn.com/abstract=2845036

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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