tag:blogger.com,1999:blog-5202549570150301909.post8049920601755723778..comments2024-03-15T00:21:23.406-07:00Comments on Comparative Patent Remedies : Comparison of U.K. and U.S. Practice Regarding Permanent Injunctions for Patent Infringement Thomas Cotterhttp://www.blogger.com/profile/07145440504421320263noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5202549570150301909.post-43883969859609038632013-06-03T07:23:58.569-07:002013-06-03T07:23:58.569-07:00I think courts sometimes do lose sight of the poss...I think courts sometimes do lose sight of the possibility that an injunction will lead to bargaining, rather than the removal of the defendant's products from the market. John Golden also has some interesting observations about injunctions in his article Injunctions as More (or Less) than “Off Switches”: Patent Infringement Injunctions’ Scope, 90 Tex. L. Rev. 1399 (2012), where he argues, among other things, that injunctions are “only as powerful as the [contempt] sanctions, often monetary, that back” them up, so that “[i]n many situations, an injunction operates essentially as a mere gateway to higher-than-normal monetary sanctions delivered with higher-than-normal speed.”Thomas Cotterhttps://www.blogger.com/profile/07145440504421320263noreply@blogger.comtag:blogger.com,1999:blog-5202549570150301909.post-43015785357183030662013-06-03T05:20:20.733-07:002013-06-03T05:20:20.733-07:00I haven't read Bard v Gore, but I suggest that...I haven't read Bard v Gore, but I suggest that courts should keep in mind that granting a permanent injunction does not necessarily mean the defendant's product will be kept of the market - it may just provide the leverage for licensing negotiations. The bar for obtaining an interlocutory injunction is very high in Canada as a result of a case in which a patentee sought an injunction against the Red Cross using patented blood collection technology. If enforced, that would no doubt have led to devastating public health consequences, but I expect the patentee was more interested in getting a major user to licence. If the patentee makes its own product, it will be more likely to enforce, but then the patentee's product will normally be a reasonably close substitute. Normanhttps://www.blogger.com/profile/17573687140337856397noreply@blogger.com