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Innovation for the 21st CenturyHarnessing the Power of Intellectual Property and Antitrust Law$
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Michael A. Carrier

Print publication date: 2009

Print ISBN-13: 9780195342581

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195342581.001.0001

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Less Dangerous Patents: A Framework for Relief

Less Dangerous Patents: A Framework for Relief

Chapter:
(p.231) 10 LESS DANGEROUS PATENTS: A FRAMEWORK FOR RELIEF
Source:
Innovation for the 21st Century
Author(s):

Michael A. Carrier

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195342581.003.0010

This chapter begins by describing the problems posed by courts automatically granting injunctive relief in patent infringement cases. It discusses nonpracticing entities (often referred to as “trolls”). It summarizes the Supreme Court's decision in eBay v. MercExchange and examines the post-eBay landscape, synthesizing the cases and offering a framework that provides guidance to courts in determining the form of relief in patent infringement cases. The framework considers factors such as competition between the patentee and the infringer, the relationship between the patented technology and the defendant's product causing a willful infringement of the patent, and the effect of injunctive relief on the public.

Keywords:   injunctive relief, patent infringement relief, nonpracticing entities, trolls, eBay, post-eBay cases

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