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Injunctions In Patent Law: A Trans-Atlantic Dialog On Flexibility And Tailoring, Jorge L. Contreras, Martin Husovec,
Injunctions In Patent Law: A Trans-Atlantic Dialog On Flexibility And Tailoring, Jorge L. Contreras, Martin Husovec,
Utah Law Faculty Scholarship
This chapter is from the edited volume "Injunctions in Patent Law: A Trans-Atlantic Dialogue on Flexibility and Tailoring" (Jorge Contreras & Martin Husovec, eds., Cambridge Univ. Press, forthcoming). It offers a unique analytical synthesis of eleven national and two regional/international descriptions of flexibilities in patent remedies authored by leading scholars in the field. This synthesis identifies a range of similarities and differences among jurisdictions, explains the principal features of these different legal systems, provides an analytical framework for comparing them, and offers observations about trends and the outlook for the future. The countries studied include Canada, Finland, France, Germany, Israel, …
A Framework For Evaluating Willingness Of Frand Licensees, Jorge L. Contreras
A Framework For Evaluating Willingness Of Frand Licensees, Jorge L. Contreras
Utah Law Faculty Scholarship
An increasing number of cases around the world turn on whether a manufacturer of a product – e.g., a smartphone, a tablet or a car -- (an “implementer”) is willing to pay a “fair, reasonable and nondiscriminatory” (FRAND) royalty for patents that are essential to an industry standard embodied in that product (standards-essential patents or SEPs). This determination is important both to the analysis of the appropriateness of an injunction under the 4-factor eBay test in the U.S., and for assessing the appropriateness of injunctive relief under the Huawei v. ZTE competition law case in the EU. This essay explores …