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Unenjoined Infringement And Compulsory Licensing, Jorge L. Contreras, Jessi Maupin
Unenjoined Infringement And Compulsory Licensing, Jorge L. Contreras, Jessi Maupin
Utah Law Faculty Scholarship
The United States has traditionally held a dim view of compulsory patent licensing, which occurs when a government mandates the licensing of privately held patents to a third party in order to advance a public goal. Yet following the U.S. Supreme Court’s 2006 decision in eBay v. MercExchange, federal courts have denied a substantial number of requests for permanent injunctions following a finding of patent infringement. Without an injunction, an infringing party may continue to practice the infringed patent subject, in most cases, to the payment of a courtapproved ongoing royalty. In the years following eBay, courts and scholars have …