Posts Tagged: injunction


2nd Circuit upholds most of district court judgment in trademark case brought by Swiss army knife maker Victorinox

On Tuesday, September 19th, Victorinox AG, the manufacturer of the well-known Swiss army knife, saw a successful outcome of an appeal decided by the U.S. Court …
By Steve Brachmann
19 days ago 0

View from the Courtroom: What to Expect When You Try to Get a TRO in Your Unfair Competition Case

Experience shows that most unfair competition or trade secret theft issues can be resolved without the need for litigation; often, an exchange of letters between the parties’ …
By Steven Blackburn
3 months ago 3

Causal-nexus for a permanent injunction only requires ‘some connection’ to infringement

The district court denied a request for a permanent injunction against Metaswitch after a jury found infringement because Genband failed to establish irreparable harm. More specifically, the …

Confused and frustrated, patent policy experts bemoan America’s absurd compulsory licensing patent system

The experts in attendance reminded us of the insanity of the compulsory licensing system that now pervades the U.S. patent marketplace, which when explained in terms …
By Chris Gallagher
5 months ago 23

No evidence of lost sales or price erosion means no irreparable harm and no permanent injunction

Nichia Corporation (“Nichia”) sued Everlight Americas, Inc., Everlight Electronics Co., Ltd. and Zenaro Lighting (collectively, “Everlight”) for infringement of three of Nichia’s patents disclosing packaging designs …

Whirlpool Corporation wins permanent injunction in patent suit against Chinese water filter manufacturer

Whirlpool successfully argued that it would be irreparably harmed without the relief of permanent injunction in addition to the settlement agreement, which is executed separately of the …
By Steve Brachmann
8 months ago 8

Federal Circuit Affirms Grant of Preliminary Injunction to Patent Owner

A preliminary injunction was appropriate when non-infringement depended on an erroneous claim construction; the evidence did not show the proposed combination of references for non-obviousness was enabled; …

What Inventors Need to Fix the Patent System

While we have damaged our patent system, China has strengthened theirs. Job creation is stagnant, economic growth is anemic and the America Dream is dying. Congress must …

The Federal Circuit Affirms District Court’s Grant of Preliminary Injunction

Practitioners dealing with a magistrate judge’s report and recommendation should be sure to preserve objections for appeal, since failing to object may lead to a more …

The Transformation of the American Patent System: Adverse Consequences of Court Decisions

Activist Supreme Court decisions in the last decade have been principally responsible for these changes, stimulated by aggressive technology company incumbent lobbying. The combination of these decisions …
By Neal Solomon
9 months ago 22

Water Balloons, Weapons of Mass Destruction and the PTAB

The Federal Circuit, while deciding a preliminary injunction was properly granted, addressed the PTAB decision in its oral arguments and in its decision. In oral arguments Judge …
By Paul Morinville
9 months ago 11

Infringe at Will Culture Takes Hold as America’s Patent System Erodes

Perhaps when the Senate Banking Committee convenes to consider the nomination of Wall Street attorney Jay Clayton as the new head of the Securities and Exchange Commission …
By Gene Quinn & Peter Harter
9 months ago 29

Amgen v. Regeneron: Will the permanent injunction against Regeneron’s new PCSK9-inhibitor hold up on appeal?

On January 5, 2017, the District of Delaware issued its long-awaited decision in the patent dispute pending between Amgen and Regeneron wherein the Court granted Amgen’s request for …
By Zachary Silbersher
9 months ago 1

Estate of Marilyn Monroe sues intimate apparel company for trademark infringement

On August 8, 2016, plaintiff became aware of defendant’s unauthorized use of the Marilyn Monroe marks and likeness and sent a cease and desist letter. Defendant continued with …
By Gene Quinn & Matt Scyoc
9 months ago 1

Reverse Patent Reform in 2017 or Wipe out a Generation of Inventors

Every time a new patent reform bill moves forward in Congress, the courts create case law eliminating the need to pass the bill. They legislate from the …
By Paul Morinville & Gene Quinn
10 months ago 12