Anti-Suit-Injunctions in Germany

Anti - Suit Injunctions and the Recoverability of Legal Costs as Damages for Breach of an Arbitration Agreement

All the discussion at the moment is about the failing support around Europe for the very English remedy of the anti-suit injunction. Europe is determined to get rid of the remedy, very much maligned and misunderstood, even if it means construing the exemption in the Brussels Regulation 44/2001 (Brussels Regulation) in unrecognisable fashion. Of course, the arbitration exemption was not inserted...

Postural hypotension and the anti-gravity suit.

An air force anti-gravity suit, as used by fighter pilots to prevent loss of consciousness, has been successfully employed to treat severe postural hypotension in a patient with Shy-Drager syndrome. The definition of postural hypotension is reviewed, and reference is made to the previous use of the anti-gravity suit in the treatment of this condition.

Anticompetitive Patent Injunctions

Damages and injunctions in protecting intellectual property

We investigate how liability rules and property rules protect intellectual property. Infringement might not be deterred under any of the enforcement regimes available. However, counterintuitively, a credible threat of infringement can actually benefit the patentholder. We compare the two doctrines of damages, lost profit (lost royalty) and unjust enrichment, and argue that unjust enrichment pro...

Innovation, Imitation & Preliminary Injunctions in Patents

We analyze the effect of preliminary injunctions in patent cases, using a simple probabilistic model of a legal challenge to a patent’s validity. We show that using current U. S. damages rules, preliminary injunctions are likely to lead to inefficient innovations, non-novel patents, and extensive litigation, since both the patent holder and the allegedly infringing firm can benefit from a preli...