Patent litigation in India and interim injunctions — An evolving jurisprudence

2012 ◽  
Vol 18 (1) ◽  
Author(s):  
Rajashree Sharma ◽  
Dinesh Kumar Sharma
Keyword(s):  
Patent Litigation ◽  
Injunctive Relief

This paper attempts to summarize and analyze the judicial trend towards granting or denying interim injunctive relief in patent litigation arena.

Negotiating Damages after One Step: Employment Team Move and Misuse of Confidential Information Cases

2020 ◽  
Vol 24 (3) ◽  
pp. 363-388
Author(s):  
Philippe Kuhn
Keyword(s):  
Fiduciary Duty ◽  
Confidential Information ◽  
Breach Of Contract ◽  
Injunctive Relief ◽  
One Step

This article addresses monetary remedies in employment team move and misuse of confidential information cases. It argues that, after the Supreme Court's decision in One Step (Support) Ltd v Morris-Garner, negotiating (previously Wrotham Park) damages offer a useful additional compensatory tool in misuse of confidential information cases. They can help overcome some of the difficulties with ordinary contractual damages, equitable remedies for breach of fiduciary duty and confidence and limitations in injunctive relief. While One Step is restrictive overall, there is a real role for negotiating damages in employment cases where misuse of confidential information is the sole or predominant breach of contract. The well-established Faccenda approach is suggested for identifying the requisite confidential information.

Will rivals enter or wait outside when faced with litigation risk? Patent litigation in complex product industries and international market entry

2021 ◽  
pp. 147612702199825
Author(s):  
Ergun Onoz ◽  
Claudio Giachetti
Keyword(s):  
Market Entry ◽  
International Market ◽  
Joint Effect ◽  
Litigation Risk ◽  
Patent Litigation ◽  
Complex Product ◽  
Patent Strategy ◽  
Negative Effect ◽  
Rival Firms ◽  
The Relationship

A spiral of patent infringement litigation among rival firms is a phenomenon often observed in complex product industries, where products comprise numerous separately patentable elements. Theoretically grounded in the awareness–motivation–capability framework of competitive dynamics, this article contributes to the literature on patent strategy and international market entry by looking at how, in a complex product industry, the intensity of patent litigation in a country affects a firm’s decision to enter that country. Our results show that the intensity of patent litigation in a country is a deterrent for potential entrants and has a negative effect on a firm’s likelihood of entering that country. We also show that a firm’s previous experience with patent litigation ( awareness component), the share of a firm’s current patent applications in a target country ( motivation component), and the size of a firm’s patent stock ( capability component) moderate the relationship between a country’s patent litigation intensity and a firm’s likelihood of entering that country. We thus shed light on the joint effect of macro- and micro-level patent-related variables on a firm’s market entry decisions. We test our hypotheses with a comprehensive panel of patenting and entry strategies of 84 mobile phone vendors and their patent litigation battles in 45 countries, from 2003 to 2015.

WARNER MUSIC UK LTD v TUNEIN INC (No. 2)

2019 ◽  
Vol 136 (12) ◽  
pp. 834-846
Author(s):  
Keyword(s):  
Copyright Infringement ◽  
Communication To The Public ◽  
Sound Recordings ◽  
The Public ◽  
Internet Radio ◽  
Commercial Importance ◽  
General Terms ◽  
Injunctive Relief ◽  
Services Use

Abstract H1 Copyright – Infringement – Sound recordings – Internet radio services – Use of hyperlinks – Communication to the public – Scope and effect of finding on liability – Relief – Whether injunctive relief in general terms appropriate – Whether injunctive relief and any damages inquiry should be limited to specific instances of liability established at trial – Proportionality – Stay of injunction pending appeal – Costs – Relevance of commercial importance of particular issues

scholarly journals Optimal Incentives for Patent Challenges in the Pharmaceutical Industry

2021 ◽  
Author(s):  
Enrico Böhme ◽  
Jonas Severin Frank ◽  
Wolfgang Kerber
Keyword(s):  
Pharmaceutical Industry ◽  
Market Entry ◽  
Consumer Welfare ◽  
Antitrust Law ◽  
Patent Litigation ◽  
Weak Patents ◽  
Optimal Incentives

AbstractIn this paper, we show that a provision in antitrust law to allow patent settlements with a later market entry of generics than the date that is expected under patent litigation can increase consumer welfare. We introduce a policy parameter for determining the optimal additional period for collusion that would incentivize the challenging of weak patents and maximize consumer welfare. While in principle, later market entry leads to higher profits and lower consumer welfare, this can be more than compensated for if more patents are challenged as a result.

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