Sung on Liability for Wrongly Issued Preliminary Injunctions

Although this article came out in 2015, I just recently learned of it.  The author is Professor Huang-Chih Sung of National Chengchi University in Taipei, where I taught last December, and the article is titled Patentee's Liability for Wrongful Preliminary Injunction-Case Studies in China and Taiwan, 34 Biotechnology Law Report 133-151 (2015).  The article provides a good overview of the standards for determining whether a patentee is liable to an accused infringer, if the former obtains a preliminary injunction but (for example) the patent is later invalidated or found not to infringe.  The title mentions China and Taiwan, but the article also briefly discusses the relevant provisions under TRIPS and has a fairly extensive discussion of U.S. law as well.  The bottom line, at least as of 2015, is that it is more difficult for the wrongly-excluded defendant to obtain compensation under Taiwanese law than under either U.S. or Chinese law, and the author advocates some reforms.  Highly recommended.

For recent discussion on this blog of compensation for wrongly-issued injunctions in Australia, France, and the E.U., see here and here.