Multiple Chancellors: Reforming the National Injunction
SL Bray - Harv. L. Rev., 2017 - HeinOnline
F ederal district judges have taken to an odd practice: they are issuing injunctions that apply
across the nation, controlling the defendant's behavior with respect to nonparties. A …
across the nation, controlling the defendant's behavior with respect to nonparties. A …
Permanent injunctions in patent litigation after eBay: An empirical study
CB Seaman - Iowa L. Rev., 2015 - HeinOnline
The Supreme Court's 2oo6 decision in eBay v. MercExchange is widely regarded as one of
the most important patent law rulings of the past decade. Historically, patent holders who …
the most important patent law rulings of the past decade. Historically, patent holders who …
The system of equitable remedies
SL Bray - UCLA L. Rev., 2016 - HeinOnline
The conventional wisdom is that the distinction between legal and equitable remedies is
outmoded and serves no purpose. this Article challenges that view. It argues that the …
outmoded and serves no purpose. this Article challenges that view. It argues that the …
Patent holdup, the ITC, and the public interest
Patent-assertion entities, or" patent trolls," use the threat of injunction to hold up product-
producing companies in patent suits. The Supreme Court's 2006 decision in eBay Inc. v …
producing companies in patent suits. The Supreme Court's 2006 decision in eBay Inc. v …
The Audience in Intellectual Property Infringement
At the heart of any IP case is the problem of deciding whether the defendant has infringed on
the plaintiff's right. A principal question in IP infringement disputes is whether the defendant's …
the plaintiff's right. A principal question in IP infringement disputes is whether the defendant's …
The case for tailoring patent awards based on time-to-market
BN Roin - UCLA L. Rev., 2013 - HeinOnline
One of the hallmarks of our patent system is that it provides a one-size-fits-all reward for
innovation. The uniform patent laws offer insufficient incentives to develop some socially …
innovation. The uniform patent laws offer insufficient incentives to develop some socially …
Taking intellectual property into their own hands
When we think about people seeking relief for infringement of their intellectual property
rights under copyright and trademark laws, we typically assume they will operate within an …
rights under copyright and trademark laws, we typically assume they will operate within an …
Comparative law and economics of standard-essential patents and FRAND royalties
TF Cotter - Tex. Intell. Prop. LJ, 2013 - HeinOnline
Standard-setting organizations (SSOs) often require their members to disclose, prior to
adoption of a standard, any patents or pending patent applications that might be relevant to …
adoption of a standard, any patents or pending patent applications that might be relevant to …
Redundancy: When law repeats itself
JM Golden - TEx. L. REv., 2015 - HeinOnline
The idea that law should generally be understood or designed to minimize redundancy is a
force in legal reasoning. Judges frequently cite anti-redundancy principles in interpreting …
force in legal reasoning. Judges frequently cite anti-redundancy principles in interpreting …
Freedom of speech, defamation, and injunctions
DS Ardia - Wm. & Mary L. Rev., 2013 - HeinOnline
It has long been a fixture of Anglo-American law that defamation plaintiffs are not entitled to
injunctive relief, their remedies are solely monetary. Indeed, it has been repeated as a …
injunctive relief, their remedies are solely monetary. Indeed, it has been repeated as a …