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Preliminary Injunctions in Patent Litigation

Alternative Approaches to Provide Effective Justice under Uncertainty


Arthur von Martels

This academic work investigates various approaches for deciding on the grant of preliminary injunctions in patent litigation. These can be a highly effective remedy, but a decision to grant a preliminary injunction is taken early in the course of litigation and often under a cloud of uncertainty. If granted too easily or erroneously, preliminary injunctions can have negative consequences on competition and innovation. The author looks at (judicial) standards that have been developed in various national jurisdictions, Legal theory and Law and Economics. The lessons learned here can be of particular relevance for the future Unified Patent Court.

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In front of the reader lays a work that is the fruit of the research during my time in Munich in 2013–2016. It has been an enriching but challenging experience and it would not be finished without the encouragement, advice and companionship of many.

My first word of thanks of course goes to my Doktorvater, Prof. Dr. Ansgar Ohly, who has been most helpful, patient and inspiring in guiding me on this academic journey. I have always very much appreciated our conversations and have got particular good memories of the interesting and enriching Doctoral Seminars and workshops we had in Munich, Schloß Ringberg at the Tegernsee, Tutzing, Bayreuth and Bressanone. I would also like to thank Prof. Dr. Thomas Ackermann for being the Second Reading Professor of this dissertation.

Furthermore, I’m also highly grateful to the Max Planck Institute for Innovation and Competition in Munich that not only granted me funding, but also a fantastic place to work. The expertise and resources of the Institute located at the Marstallplatz are the best in the world when it comes to Intellectual Property and it has been a joy to be part of that community. I would therefore like to thank Professors Hilty, Drexl and Kur for offering me a place in the IMPRS-CI programme at the Institute, and for all the interesting academic interactions afterwards. A special word of thanks is for Dr. Sylvie Nerisson who worked at the Max Planck Institute, for managing...

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