The Interlocutory Injunction Dilemma in Patent Infringement and Invalidity Disputes
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Interlocutory injunctions pose a dilemma for patent law and practice as they require a court to assess the parties' submissions and make decisions before all the issues are thoroughly argued. While the relevant legal principles are settled, there remains some uncertainty for intellectual property owners (or licensees or assignees) maintaining their statutory privileges and protecting their broader commercial interests in exploiting their privileges (such as market share, brand, good will, reputation, and so on). This article examines interlocutory injunctions where there is both an alleged infringement of a Patents Act 1990 (Cth) "standard patent" and a challenge to patent invalidity, to explore the potential of interlocutory injunctions as a tool to promote, encourage and coerce patent owners to provide access to, and disseminate, their patent protected products, method and processes while respecting core exclusive rights.
Australian Intellectual Property Journal
Copyright 2010 Thomson Legal & Regulatory Limited. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Intellectual Property Law