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Full-Text Articles in Law
Rebuttable Presumption Of Public Interest In Protecting The Public Health—The Necessity For Denying Injunctive Relief In Medically Related Patent Infringement Cases After Ebay V. Mercexchange, Lance E. Wyatt Jr.
Lance E Wyatt Jr.
The public’s interest in medicine and good health is substantial. However, this interest is harmed when important medical devices or pharmaceuticals, although infringing on valid patents, are suddenly taken off the market after a court grants a permanent injunction. While permanent injunctions were automatically granted by the Federal Circuit before the Supreme Court’s holding in eBay v. MercExchange, courts now have more discretion to deny injunctive relief. Now that courts have this newfound discretion after eBay, the public should no longer expect to be harmed by the sudden removal of medical supplies. Unfortunately, this has not been the course that …
Keeping Up With The Game: The Use Of The Nash Bargaining Solution In The Calculation Of Reasonable Royalty Damages In Patent Infringement Cases, Lance E. Wyatt Jr.
Keeping Up With The Game: The Use Of The Nash Bargaining Solution In The Calculation Of Reasonable Royalty Damages In Patent Infringement Cases, Lance E. Wyatt Jr.
Lance E Wyatt Jr.
Determining damages are an integral stage in the patent litigation process. Since 1970, reasonable royalty damages have been calculated using the factors set forth in the seminal decision, Georgia-Pacific Corp. v. United States Plywood Corp. However, these factors are prone to manipulation and abuse by damages experts. Using a solution to a two-person bargaining situation developed by John Nash, Jr. in 1950, damages experts have utilized the Nash Bargaining Solution as a method to calculate reasonable royalty damages in patent infringement cases. Since its introduction in patent infringement cases, courts have been reluctant to admit the use of the NBS …