An issue that may arise for both the plaintiff and defendant in a patent dispute involving pharmaceutical technology concerns the risks associated with selling an allegedly infringing product prior to the dispute being resolved. The plaintiff has the option to seek a preliminary injunction. Deciding whether to grant an injunction involves fact specific analysis. The economic components in such an analysis, which are addressed in this report, are: assessing whether the plaintiff will suffer irreparable harm without an injunction, measuring the balance of harms to the plaintiff and defendant, and evaluating whether the public interest will be served by an injunction.
Private Monopoly and the Public Interest: An Economic Analysis of the Cable Television Franchise
