Emory Law Journal

Volume 61Issue 4
The 2011 Randolph W. Thrower Symposium, Judging Politics: Judges as Political Actors, Candidates, and Arbiters of the Political

Designing Around a Patent Injunction: Developing a Comprehensive Framework for Determining When Contempt Proceedings Are Appropriate

Benjamin A. Saidman | 61 Emory L.J. 863 (2012)

Spurred by TiVo Inc. v. Dish Network Corp., this Comment proposes a factor-based framework for determining when contempt proceedings are appropriate in a patent infringement case. Once a court determines that an accused device infringes a patent and issues an injunction, the infringing party will often try to design around the injunction by creating a modified device. Patentees can then respond to potential continued infringement by instituting a new infringement suit or by making a motion for contempt.

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Reintroducing Intent into Predatory Pricing Law

Dustin Sharpes | 61 Emory L.J. 903 (2012)

Predatory pricing occupies a strange position in the antitrust laws. Normally, low prices are one of the major goals of antitrust law because they reflect competition and are generally beneficial to consumers. However, in some situations, the antitrust laws condemn prices that are too low as predatory: a company may be able to set prices arbitrarily low to gain monopoly power by excluding rivals or forcing them to acquiesce to its price leadership, and the company may then charge monopoly prices to the detriment of consumers.

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