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[92WashLRev0145] Patent Injunctions on Appeal: An Empirical Study of the Federal Circuit’s Application of eBay

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dc.contributor.author Holte, Ryan T.
dc.contributor.author Seaman, Christopher B.
dc.date.accessioned 2017-04-06T14:57:08Z
dc.date.available 2017-04-06T14:57:08Z
dc.date.issued 2017-03
dc.identifier.citation 92 Wash. L. Rev. 145 (2017) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1669
dc.description Volume 92, Number 1, March 2017 en_US
dc.description.abstract Ryan T. Holte, Assistant Professor of Law, Southern Illinois University School of Law. Christopher B. Seaman, Associate Professor of Law, Washington and Lee University School of Law. Abstract: More than ten years after the United States Supreme Court’s landmark decision in eBay v. MercExchange, the availability of injunctive relief in patent cases remains hotly contested. For example, in a recent decision in the long-running litigation between Apple and Samsung, members of the United States Court of Appeals for the Federal Circuit divided sharply on whether an injunction was warranted to prevent Samsung from continuing to infringe several smartphone features patented by Apple. To date, however, nearly all empirical scholarship regarding eBay has focused on trial court decisions, rather than the Federal Circuit. This Article represents the first comprehensive empirical study of permanent injunction decisions by the Federal Circuit following eBay. Through an original dataset on appeals from almost 200 patent cases, we assess the impact of the Federal Circuit on the availability of permanent injunctions. The findings from this study indicate the Federal Circuit is generally more favorable to prevailing patentees regarding injunctive relief than the district courts following eBay. District courts that grant an injunction after a finding of liability are highly likely to be affirmed on appeal, whereas district courts that deny an injunction have a statistically significant lower affirmance rate. This suggests the Federal Circuit is generally inclined toward a property rule rather than a liability rule as a remedy against future patent infringement. It also appears to lend support to claims by scholars and others that the Federal Circuit, as a specialized court with a large number of patent cases, is more pro-patentee than the generalist district courts. Finally, the implications of this and other empirical findings from the study are considered. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.title [92WashLRev0145] Patent Injunctions on Appeal: An Empirical Study of the Federal Circuit’s Application of eBay en_US
dc.title.alternative Patent Injunctions on Appeal: An Empirical Study of the Federal Circuit’s Application of eBay en_US
dc.type Article en_US
dc.rights.holder © 2017 Ryan T. Holte & Christopher B. Seaman. All rights reserved. en_US

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