Open AccessAnti-suit injunctions in patent litigation
Author(s) -
Gustavo Hirsch
Publication year - 2021
Publication title -
revista de direito/revista de direito
Language(s) - English
Resource type - Journals
eISSN - 2527-0389
pISSN - 1806-8790
DOI - 10.32361/2021130312002
Subject(s) - order (exchange) , law , patent law , business , law and economics , patent infringement , patent troll , political science , intellectual property , sociology , finance
The article examines anti-suit injunctions and their use in patent disputes. The article traces back the origins of anti-suit injunctions in the United Kingdom and discusses the situations where they can be granted. Then, it examines anti-suit injunctions in patent disputes and presents a case study. The article argues that the current patent system involving essential patents should be reviewed, in order to prevent the proliferation of injunctions issued by courts in different jurisdictions aimed at keeping their ability to judge. In the article we propose a suggestion for reviewing the system.