Prof. Christopher Seaman
Washington and Lee law professor Christopher Seaman’s new paper Permanent Injunctions in Patent Litigation After eBay: An Empirical Study, was recently posted on SSRN and is listed in numerous Top Ten lists of most downloaded new articles, including Intellectual Property Law, Innovation Law and Policy, Experimental and Empirical Studies, and Judgments and Remedies.
The article was also recently featured in posts on Patently-O, an influential patent law blog, Written Description, Legal Theory Blog, Empirical Legal Studies Blog, and Comparative Patent Remedies Blog.
From the abstract:
The Supreme Court’s 2006 decision in eBay v. MercExchange is widely regarded as one of the most important patent law rulings of the past decade. Historically, patent holders who won on the merits in litigation nearly always obtained a permanent injunction against infringers. In eBay, the Court unanimously rejected this “general rule” that a prevailing patentee is entitled to an injunction, instead holding that lower courts must apply a four-factor test before granting such relief. Almost ten years later, however, significant questions remain regarding how this four-factor test is being applied, as there has there has been little rigorous empirical examination of eBay’s actual impact in patent litigation.
This Article helps fill this gap in the literature by reporting the results of an original empirical study of contested permanent injunction decisions in district courts for a 7½ year period following eBay. It finds that eBay has effectively created a bifurcated regime for patent remedies, where operating companies who compete against an infringer still obtain permanent injunctions in the vast majority of cases that are successfully litigated to judgment. In contrast, non-practicing entities almost always are denied injunctive relief. These findings are robust even after controlling for the field of patented technology and the particular court that decided the injunction request. It also finds that permanent injunction rates vary significantly based on patented technology and forum. Finally, this Article considers some implications of these findings for both participants in the patent system and policy makers.
In late April, Washington and Lee law professor Mark Drumbl gave a lecture at the University of Cologne entitled “Thinking Twice About Child Soldiers,” which addressed a number of arguments made in a CNN op/ed and also a blog post. In May, he taught a course on public international law held at Herstmonceaux Castle, in southern England near Hastings and traveled to the Czech Republic to give a public lecture on “Atrocity Then, Trials Now: The Value of Delayed Justice.” This talk, delivered at Masaryk University School of Law, examined the justifications for prosecuting 93 year-old Oskar Groening, who is currently on trial in Germany and who had served as the accountant and bookkeeper at Auschwitz in the 1940’s.
Finally, in June Drumbl gave a lecture to lawyers at the Department of Justice on evidentiary challenges in securing convictions under the US Child Soldiers Accountability Act, which gives US courts the ability to prosecute individuals who unlawfully recruit children under the age of fifteen into armed forces or armed groups anywhere in the world.
Prof. Christopher Bruner
On Tuesday, June 9, Washington and Lee Law Professor Christopher Bruner spoke at the University of Hong Kong on his current book project examining the role of small jurisdictions in cross-border corporate and financial services, titled Market-Dominant Small Jurisdictions in a Globalizing Financial World (forthcoming, Oxford University Press). The seminar was sponsored by the Asian Institute of International Financial Law, a research center of UHK’s Faculty of Law, where Professor Bruner has pursued his research on Hong Kong’s financial center as a Visiting Fellow.
Assistant Dean for Legal Information Services and Professor Legal Research Caroline Osborne recently spoke at the University of North Texas Annual Open Access Symposium. The event was held on May 18 and 19, 2015 at the UNT Dallas College of Law and titled “Open Access, the Law, and Public Information.”
The 2015 symposium examined aspects of how the law relates to the open access movement, including copyright law, privacy law, access to government information, and access to and use of legal literature online. Dean Osborne presented a program, “The Open Access Advantage for American Law Reviews” with Carol Watson of the University of Georgia and James Donovan of the University of Kentucky.
Prof. Christopher Bruner
Washington and Lee Law Professor Christopher Bruner spoke at a conferenced titled “Understanding the Modern Company,” hosted by the Centre for Commercial Law Studies at Queen Mary University of London. The event, co-sponsored with University College London on May 9, 2015, brought together “scholars from around the world to explore the nature and function of companies,” aiming to “develop a normative approach to understanding the modern company.” Professor Bruner presented a working paper titled “The Corporation’s Intrinsic Attributes” as part of a panel exploring comparative and historical perspectives on the modern corporate form.
Prof. Susan Franck
Washington and Lee law professor Susan Franck recently spoke at the Center for Transnational Legal Studies in London. The event, International Economic law and the Challenge of Global Inequality was held on April 17-18, 2015 at King’s College.
Professor Franck participated on a panel discussing international investment law with other experts in the field.
The organization used Twitter to share details of the event including Professor Franck’s remarks and photos of participants: https://twitter.com/ctls_london