Law360 (February 8, 2019, 12:14 PM EST) -- Patents give the owner of the patent not the right to make but the right to exclude. This becomes a touchy subject in certain circumstances, such as when the patents are standard-essential patents. Many think that injunctions should not be allowed in the SEP case. However, to protect the incentive to innovate, all owners of all patents need to be able to exercise their constitutional right to exclude to ensure infringers do not take their innovations without appropriate compensation. The only way to preserve this rights is to allow injunctions as a tool in all cases, including but not limited to...
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