Documentos de Académico
Documentos de Profesional
Documentos de Cultura
11-1518
d
No. 16-1102
No. 11-1518
IN THE
d
IN THE
Supreme Court of the United States
IN THE
TABLE OF CONTENTS
ARGUMENT .............................................................. 2
CONCLUSION ........................................................... 9
CASES Page
STATUTES
35 U.S.C. 289 .............................................................2
iii
INTEREST OF AMICI1
Amici, law professors who specialize in
intellectual property law, have all previously
published on, or have interest in, the issue of patent
remedies. Amici have no personal stake in the
outcome of this case, but have an interest in seeing
that the patent laws develop in a way that
promotesrather than impedesinnovation.
ARGUMENT
CONCLUSION
eBay required courts to apply a four-factor
test when deciding whether to issue a permanent
injunction. As part of that test, courts must assess
whether the patentee would suffer irreparable harm
in the absence of a permanent injunction. The
underlying opinion effectively limits eBay by no
longer requiring patentees to show a true causal
nexus between the alleged harm and the infringing
feature. Particularly within the context of the
current smartphone patent war, such a reversal
would likely work great mischief.9 For the very
reasons relied on in eBay, this Court should grant
certiorari and restore the causal nexus requirement.
Respectfully submitted,
BERNARD H. CHAO
Counsel of Record
University of Denver
Sturm College of Law
2255 E. Evans Avenue
Denver CO, 80208
bchao@law.edu.edu
(303) 871-6110
1a
Jeremy Bock
Assistant Professor
The University of Memphis
Cecil C. Humphreys School of Law
Bernard H. Chao
Associate Professor
University of Denver
Sturm College of Law
Colleen Chien
Associate Professor of Law
Santa Clara University School of Law
Amy Landers
Professor of Law
Drexel University
Thomas R. Kline School of Law
Brian Love
Assistant Professor
Santa Clara University School of Law
Lea Shaver
Professor of Law and Dean's Fellow
Indiana University
Robert H. McKinney School of Law
2a
Ted Sichelman
Professor of Law
University of San Diego School of Law