Injunctive Relief PDF Download
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Author | : Kirstin Stoll-DeBell |
Publisher | : American Bar Association |
Total Pages | : 484 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9781604424027 |
Download Injunctive Relief Book in PDF, ePub and Kindle
The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.
Author | : C. Bradford Biddle |
Publisher | : Cambridge University Press |
Total Pages | : 379 |
Release | : 2019-06-27 |
Genre | : Business & Economics |
ISBN | : 1108426751 |
Download Patent Remedies and Complex Products Book in PDF, ePub and Kindle
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 181 |
Release | : 2013-10-07 |
Genre | : Political Science |
ISBN | : 0309293154 |
Download Patent Challenges for Standard-Setting in the Global Economy Book in PDF, ePub and Kindle
Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.
Author | : Hakeem Seriki |
Publisher | : CRC Press |
Total Pages | : 323 |
Release | : 2014-07-25 |
Genre | : Law |
ISBN | : 1317685040 |
Download Injunctive Relief and International Arbitration Book in PDF, ePub and Kindle
This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.
Author | : Merriann M. Panarella |
Publisher | : |
Total Pages | : 64 |
Release | : 1995-11 |
Genre | : Injunctions |
ISBN | : 9780944490808 |
Download Moving for Injunctive Relief Book in PDF, ePub and Kindle
Author | : Rafał Sikorski |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 280 |
Release | : 2018-11-27 |
Genre | : Law |
ISBN | : 9041194584 |
Download Patent Law Injunctions Book in PDF, ePub and Kindle
In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
Author | : Thomas Carl Spelling |
Publisher | : |
Total Pages | : 884 |
Release | : 1926 |
Genre | : Injunctions |
ISBN | : |
Download A Treatise on the Law Governing Injunctions Book in PDF, ePub and Kindle
Author | : Russell L. Weaver |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 236 |
Release | : 2023-11-21 |
Genre | : Law |
ISBN | : 1527504859 |
Download Damages, Injunctive Relief, and Other Remedies in Tort and Free Speech Cases Book in PDF, ePub and Kindle
This book examines a variety of important issues that arise in tort and free speech cases, including asset freezing orders, non-pecuniary damages in financial services cases, the illegality defense in restitution cases, contributory negligence and the avoidable loss rule, whether robotic speech should be protected like other speech, fact-checking remedies and disinformation, the right of reply in media regulation, the right to be secure and free speech, and social media platform censorship.
Author | : Jorge L. Contreras |
Publisher | : Cambridge University Press |
Total Pages | : 363 |
Release | : 2022-05-12 |
Genre | : Law |
ISBN | : 1108835619 |
Download Injunctions in Patent Law Book in PDF, ePub and Kindle
Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Author | : John F. Dobbyn |
Publisher | : |
Total Pages | : 298 |
Release | : 1974 |
Genre | : Law |
ISBN | : |
Download Injunctions in a Nutshell Book in PDF, ePub and Kindle
Jurisdiction; Persons Bound; Privity; Aiders & Abettors; Successors; Equity Jurisdiction; Adequate Remedy at Law; Standing; Discretion; Criminal Act; Property Rights; Civil Rights; Privacy; Libel; Useless Act; Unenforceable Order; Vagueness of Order; Clean Hands; Aids the Vigilant; Abstention; Balancing the Equities; Prospective Harm; Public Interest; Temporary Restraining Order; Preliminary Injunction; Mandatory v. Prohibitory; Conditions; Bond; Modifying and Vacating; Appeal; Res Judicata; Comity; Extraterritorial Effect; Enforcement; Contempt.