Tilting the Table? The Use of Preliminary Injunctions
Abstract
This paper examines the economic role of preliminary injunctions in legal disputes. We present a model in which differences in financing costs drive the use of preliminary injunction and explore the implications of this legal remedy for ex post efficiency and ex ante incentives. Controlling for the nature of the dispute, we examine the relationships between the financial status of litigating parties and whether a preliminary injunction is requested. The empirical analysis uses detailed data compiled for a sample of 252 patent suits and reveals patterns generally consistent with those suggested by the model. Copyright 2001 by the University of Chicago.Download Info
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Bibliographic Info
Article provided by University of Chicago Press in its journal Journal of Law & Economics.
Volume (Year): 44 (2001)
Issue (Month): 2 (October)
Pages: 573-603
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Web page: http://www.journals.uchicago.edu/JLE/
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Citations
Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.Cited by:
- Becker-Blease, John R., 2011. "Governance and innovation," Journal of Corporate Finance, Elsevier, vol. 17(4), pages 947-958, September.
- Francesco SCHETTINO & Alessandro STERLACCHINI, 2007. "European Patenting and the Size of Inventors," Working Papers 308, Universita' Politecnica delle Marche (I), Dipartimento di Scienze Economiche e Sociali.
- Gilbert, Richard J & Katz, Michael L, 2009.
"Efficient Division of Profits from Complementary Innovations,"
Competition Policy Center, Working Paper Series
qt5mr0s11v, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
- Gilbert, Richard J. & Katz, Michael L., 2011. "Efficient division of profits from complementary innovations," International Journal of Industrial Organization, Elsevier, vol. 29(4), pages 443-454, July.
- Josh Lerner, 2008.
"The Litigation of Financial Innovations,"
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14324, National Bureau of Economic Research, Inc.
- Josh Lerner, 2010. "The Litigation of Financial Innovations," Journal of Law and Economics, University of Chicago Press, vol. 53(4), pages 807 - 831.
- Alberto Galasso & Mark Schankerman, 2008. "Patent Thickets and the Market for Innovation: Evidence from Settlement of Patent Disputes," CEP Discussion Papers dp0889, Centre for Economic Performance, LSE.
- Alberto Galasso, 2007. "Broad Cross-License Agreements andPersuasive Patent Litigation: Theory andEvidence from the Semiconductor Industry," STICERD - Economics of Industry Papers 45, Suntory and Toyota International Centres for Economics and Related Disciplines, LSE.
- Gerald Marschke & Jinyoung Kim, 2002.
"Accounting for the recent surge in U.S. patenting: Changes in R&D expenditures, patent yields, and the high tech sector,"
Discussion Papers
02-10, University at Albany, SUNY, Department of Economics.
- Jinyoung Kim & Gerald Marschke, 2004. "Accounting for the recent surge in U.S. patenting: changes in R&D expenditures, patent yields, and the high tech sector," Economics of Innovation and New Technology, Taylor and Francis Journals, vol. 13(6), pages 543-558.
- Gilbert, Richard J & Katz, Michael L, 2007.
"Should Good Patents Come in Small Packages? A Welfare Analysis of Intellectual Property Bundling,"
Competition Policy Center, Working Paper Series
qt59x0t6tv, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
- Gilbert, Richard J. & Katz, Michael L., 2006. "Should good patents come in small packages? A welfare analysis of intellectual property bundling," International Journal of Industrial Organization, Elsevier, vol. 24(5), pages 931-952, September.
- Galasso, Alberto & Schankerman, Mark, 2008. "Patent Thickets and the Market for Innovation: Evidence from Settlement of Patent Disputes," CEPR Discussion Papers 6946, C.E.P.R. Discussion Papers.
- Ganslandt, Mattias, 2008. "Intellectual Property Rights and Competition Policy," Working Paper Series 726, Research Institute of Industrial Economics.
- Julien Pénin, 2003.
"Patents versus ex-post rewards: a new look,"
Working Papers of BETA
2003-09, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
- Penin, Julien, 2005. "Patents versus ex post rewards: A new look," Research Policy, Elsevier, vol. 34(5), pages 641-656, June.
- Julien Pénin, 2003. "Patents versus ex-post rewards : a new look," Cahiers de recherche du Département des sciences économiques, UQAM 20-19, Université du Québec à Montréal, Département des sciences économiques.
- Josh Lerner, 2003. "The Patent System and Competition," Levine's Working Paper Archive 618897000000000577, David K. Levine.
- Patrick Cohendet & Matthieu Farcot & Julien Pénin, 2009. "Intellectual property in a knowledge-based economy : Patents to include vs. patents to exclude," Working Papers of BETA 2009-15, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
- Cremers, Katrin, 2004. "Determinants of Patent Litigation in Germany," ZEW Discussion Papers 04-72, ZEW - Zentrum für Europäische Wirtschaftsforschung / Center for European Economic Research.
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