In recent years, patent law’s inequitable conduct doctrine has attracted considerable attention from judges, legislators, patent lawyers, and commentators, culminating most recently in the Federal Circuit’s decision to revise certain aspects of the doctrine in its en banc decision in...

In recent years, juries in some patent infringement suits have awarded prevailing patentees "reasonable royalty" damages in the eight-, nine-, and even ten-figure range. Though not all of these awards have been upheld following postjudgment motions or on appeal, concern over the magnitude and...

Courts and commentators have recently begun to confront the issue of whether a product configuration that has been disclosed in a utility patent can serve as protectable trade dress under section 43(a) of the Lanham Act. In the view of some, such configurations necessarily enter the public...

Suppose that the manufacturer of a component that infringes another's patent sells that component to the manufacturer of a final product; the manufacturer of the final product incorporates the infringing component into the final product and then sells the final product to a wholesaler; the...

Commentators on antitrust and patent law over the past decade have advanced the view that "patent holdup" poses a serious threat to innovation and consumer welfare. In recent months, however, a more skeptical literature has emerged to challenge patent holdup on both theoretical and empirical...

This essay responds to Professor's Ted Sichelman's forthcoming article, Purging Patent Law of "Private Law" Remedies, 91 Tex. L. Rev. __ (2013), which argues that courts should abandon the conventional view of patents as private rights for which private-law remedies are appropriate, and instead...

Patent systems commonly empower courts to order accused or adjudged infringers to refrain from continuing infringing conduct in the future. Some patentees file suit for the primary purpose of obtaining and enforcing an injunction against infringement by a competitor, and even in cases in which...

Standard-setting organizations (SSOs) often require member firms to license their standard-essential patents (SEPs) on undefined “fair, reasonable, and nondiscriminatory” (FRAND) terms. Courts and commentators in turn have proposed various principles for calculating FRAND royalties, among...

The current approach for determining when courts should award injunctions in patent disputes involves a myopic focus on the hardships an injunction might impose on the litigants and the public. This article demonstrates, however, that courts sometimes could rely instead on a consideration far...

This chapter from the forthcoming Research Handbook on the Economics of Intellectual Property Law surveys the empirical literature on patent remedies. Part I discusses the literature on injunctions, beginning with an overview of legal doctrine and economic debates over “property rules”...