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 …

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 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 …

Patent holdup, the ITC, and the public interest

CV Chien, MA Lemley - Cornell L. Rev., 2012 - HeinOnline
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 …

The Audience in Intellectual Property Infringement

JC Fromer, MA Lemley - Mich. L. Rev., 2013 - HeinOnline
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 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 …

Taking intellectual property into their own hands

A Adler, JC Fromer - California Law Review, 2019 - JSTOR
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 …

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 …

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 …

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 …