In Search of Injunctive Relief: Why, When and Where

In Search of Injunctive Relief: Why, When and Where

View Session Speakers

Availability of injunctive relief in patent litigation has been a hotly debated topic for many years. Ever since the U.S. Supreme Court decided eBay v. MercExchange it has been extremely difficult, if not impossible, to obtain an injunction against an infringer. But today, in addition to the reality imposed by the law, the fear of a PR backlash is causing companies in some industries to refrain from seeking an injunction, which skews statistics and the law because those who otherwise could get an injunction even under the eBay standard are electing not to even request injunctive relief.

Among other things, this panel will discuss:

• The role injunctive relief plays with respect to obtaining and keeping investors.
• Policy decisions driving whether to seek an injunction in the first place.
• Where and when injunctive relief can reasonably be expected.
• Whether monetary relief is an adequate alternative to injunctive relief.
• Under what circumstances injunctions can be obtained, and where.

Materials

Brazil Becoming a Relevant Forum for Telecom Patent Litigation

UPC Milan Local Division Acts Fast to Address Alleged Infringement at Trade Fair

Unified Patent Court, Part III: Remedies

An Exercise in Restraint: Seeking and Combatting Injunctive Relief

Obtaining Injunctions Under eBay Versus at the International Trade Commission

Survey

https://www.surveymonkey.com/r/in-search-of-injunctive-relief