International Cooperation And The Patent-Antitrust Intersection, Stephen Yelderman
Aug 2014
International Cooperation And The Patent-Antitrust Intersection, Stephen Yelderman
Stephen Yelderman
Commentators have long recognized the need to coordinate questions at the patent-antitrust intersection with other policy levers available under patent law. In the international context, however, control over patent policy has been fractured and entrusted to diverse decisionmakers. Many details of patent law are tightly coordinated by international agreement, while others related to antitrust are left to national discretion. This Article evaluates the consequences of this fracture, and notes ways in which the prevailing treaty regimes (the Paris Convention and the TRIPS Agreement) distort incentives for national policymaking. National discretion at the patent-antitrust intersection can be expected to result in …
Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall
May 2014
Submission On The Ip Chapter Of The Korea-Australia Free Trade Agreement, Kimberlee G. Weatherall
Kimberlee G Weatherall
This submission considers (and criticises) the IP Chapter of the Korea-Australia Free Trade Agreement. It identifies new obligations, and raises concerns with detailed aspects of the chapter. The submission was made to two committees of the Commonwealth of Australia Parliament, Joint Standing Committee on Treaties and the Senate Standing Committee on Standing Committee on Foreign Affairs, Defence and Trade References. A slightly corrected version was uploaded on 16 June 2014 (correcting the article citation for KAFTA art 13.9.28 under heading 5).
Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman
Dec 2013
Patent Demands & Startup Companies: The View From The Venture Capital Community, Robin C. Feldman
Robin C Feldman
This paper presents a study of patent demands against venture-backed startups, conducted through members of the National Venture Capital Association and their portfolio companies. The results of surveying 200 venture capitalists and their portfolio companies provide strong indications of the impact that patent demands are having on the venture-backed community. Both the companies and the venture capitalists overwhelming believe that patent demands have a negative impact on the venture-backed community, with all or most of those assertions coming from entities whose core activity involves licensing or litigating patents. These impacts are described in terms of the specific costs expended by …
Discretionary Injunctive Relief For Patent Infringement: Partial Remuneration After Ebay And Its Implications For The Developing World, Richard Li-Dar Wang
Dec 2013
Discretionary Injunctive Relief For Patent Infringement: Partial Remuneration After Ebay And Its Implications For The Developing World, Richard Li-Dar Wang
Richard Li-dar Wang
The eBay decision of the U.S. Supreme Court in 2006 opens the door for discretionary injunctive relief in patent infringement cases. This essay examines the development of case law and scholarly discussion in the post-eBay era. The author finds eBay illuminates that patents are not private rights that demand full remuneration when being infringed, but rather a tool of incentivizing sufficient innovations to the public. The remedies for patent infringement need not redress all the losses that the patentee suffers, but rather simply reimburse the R&D cost for the purpose of preventing over-incentivizing. Six indicators are put forth to assess …
Will The “Nexus” Requirement Of Apple V. Samsung Preclude Injunctive Relief In The Majority Of Patent Cases?: Echoes Of The Entire Market Value Rule, Daniel Harris Brean
Dec 2013
Will The “Nexus” Requirement Of Apple V. Samsung Preclude Injunctive Relief In The Majority Of Patent Cases?: Echoes Of The Entire Market Value Rule, Daniel Harris Brean
Daniel Harris Brean
In eBay, Inc. v. MercExchange, LLC, the Supreme Court put an end to the practice of presuming that injunctive relief is appropriate upon a finding of patent infringement, where it held that "the decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards." 547 U.S. 388, 394 (2006). This decision made injunctive relief much more difficult to obtain, but also attempted to maintain discretion and avoid rigid …
