AALS Panel on IP Remedies at the Supreme Court and Worldwide

Professor John Golden has asked me to pass along the following AALS Remedies Section Call for Papers.  This should be an interesting session!

The AALS Section on Remedies is hosting a program called “Intellectual Property Remedies at the Supreme Court and Worldwide” during the upcoming AALS Annual Meeting in New Orleans from January 2 to January 6, 2019.  The remedies panel is currently scheduled for Friday, January 4.  One speaker on the panel will be chosen from a call for papers on the general themes of the panel, which are described below:

The United States Supreme Court’s docket shows the Court’s increased interest in the availability and scope of IP remedies. Global enforcement of IP remedies spans a variety of forms of relief, ranging from enhanced damages to tailored injunctions.  This panel will feature discussion among experts on provocative IP-remedies topics including the legacy of the Supreme Court’s eBay decision on injunctions, approaches to assessing reasonable royalties, and the propriety of recovery of an infringer’s profits in light of the Restatement (Third) of Restitution and Unjust Enrichment.  The panel will explore such questions as: should the status of the right holder affect the relief, especially if the holder uses the remedies process to extract exorbitant licensing fees; are reasonable royalties legal or equitable; what are the implications of FRAND licensing commitments on reasonable royalties; what level of intent and fitness relative to other remedies should be required to obtain a gain-based remedy?

To be considered for inclusion on the panel, please submit an abstract (and a draft paper if available) by June 1, 2018, to the Chair of the Remedies Section: alexandra.lahav@uconn.edu.  This call is open to all scholars, both those new to remedies and/or the legal academy and those who have been teaching for some time.