by Dennis Crouch
Earlier this month I highlighted Professor Kesan’s reports on post-eBay injunction jurisprudence. Professor Chris Seaman (W&L) has posted a parallel (draft) report titled Permanent Injunctions in Patent Litigation After eBay: An Empirical Study. The paper provides an in depth analysis of the decisions – below I highlight three of the charts that help to tell the story. In general, Seaman’s results confirm what I see as conventional wisdom regarding the likelihood of obtaining injunctive relief.
The one perhaps-surprising element of Seaman’s report is that he found no correlation between any of the commonly intrinsic patent measures that have previously been correlated with patent value, such as the number of patent claims, higher citation to prior art, higher forward-looking citation counts, and a larger patent family.