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Injunction Denied! What Comes Next?

New York, New York
12 November 2008
Hosted By: NERA Economic Consulting

The Supreme Court's 2008 decision in eBay Inc. v. MercExchange, L.L.C. presents litigants with a formerly unfamiliar situation: the continuing sale of goods determined to be infringing. Courts are now grappling with the assignment of ongoing royalties to compensate patent owners who may not exclude adjudged infringers.

NERA held another intellectual property dinner seminar in New York City on 12 November 2008 to address the issues that arise when a court withholds an injunction after a finding of infringement and substitutes an ongoing royalty. Moderated by NERA Senior Vice President Dr. Phillip Beutel, the panel featured George E. Badenoch, a Partner at Kenyon & Kenyon LLP, as well as NERA Vice President Dr. Bernard Reddy and Special Consultant Dr. Richard Rapp. The panelists addressed the law, economics, and trial strategy surrounding the denial of an injunction and the setting of an ongoing royalty, as well as the policy implications of the world after eBay.

To contact us about this event, please click here.