US judge questions illegality of seeking an injunction

By Helen Hopson

Following on from Osman’s recent post ‘The FRAND debate: is the tide turning?’, Federal Trade Commission (FTC) commissioner Wright’s viewpoint has recently been echoed by Paul Michel, a former chief judge of the US’s top patent court (the US Court of Appeals for the Federal Circuit). He questioned at a recent US conference how it could possibly be illegal merely to seek an injunction (whether for an SEP or non-SEP). Michel has spoken out previously against restricting the ability of patent holders to enforce their patents (in the context of the US anti-troll legislation currently underfoot) asserting that such developments will weaken the patent system, not strengthen it.

I agree with Osman that it is odd that such comments are being made on the other side of the Atlantic so late in the day. Many in Europe have been making similar statements since the EU Commission opened its investigation into Samsung in January 2012. For example, in mid-2013 Sir Robin Jacob, a former judge of the Court of Appeal of England and Wales, speaking at a UK conference, equated the EU Commission’s current enforcement activities to ‘standing outside a court door with a gun threatening people who want to go inside’ suggesting that the commission ‘is saying it is above and better than the courts’…

Click on the link below to read the rest of the Bristows briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Bristows

View more briefings from Bristows

Analysis from The Lawyer

Browse This Firm’s


100 Victoria Embankment

Turnover (£m): 34.10
No. of lawyers: 120