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Preliminary Injunctions in Patent Litigation

Alternative Approaches to Provide Effective Justice under Uncertainty

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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.

Arthur von Martels studied International Relations and European Law at the University of Groningen, The Netherlands, and subsequently ‘Innovation, Technology and the Law’ at the University of Edinburgh. He then moved to Munich for doctoral research at the International Max Planck Research School for Competition and Innovation (IMPRS-CI) and the University of Munich. He currently lives in Amsterdam and works for a major legal services provider.