Posts Tagged: injunction


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
5 days ago 28

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
5 days ago 0

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
6 days ago 0

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 …

CAFC Remands Injunction Against Dismissed Party, Affirms Infringement and Validity

A district court does not have authority to issue an injunction against a party not adjudicated to be liable for infringement in the underlying case unless that …

How the New Trade Secrets Law May Affect You

Earlier this year, President Obama signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have …
By David Sar
2 months ago 2

PCT International keeps permanent injunction thanks to Rule 36 affirmance

A lack of written opinion in the Rule 36 affirmance issued by Federal Circuit wasn’t an issue for PCT’s counsel. "These types of results reflect a …
By Steve Brachmann
5 months ago 0

Rule 36 Judgment: The growing problem of one word affrimance by the Federal Circuit

In PCT International, Inc. v. Holland Electronics, LLC, the use of a Rule 36 judgment is particularly disconcerting because the Federal Circuit upheld the issuance of a permanent …
By Gene Quinn
5 months ago 6

Available Remedies under the DTSA

The DTSA amends the Economic Espionage Act of 1996 (“EEA”) to provide for civil remedies in federal courts for the misappropriation of trade secrets. The new Section 1836(b) …
By Peter J. Toren
6 months ago 0

How the Supreme Court legislated patent reform

Over the last ten years, one bad patent reform bill after another has been introduced and then pushed by a fantastic lobbying and public relations effort that …
By Paul Morinville
8 months ago 23

Institutional Challenges to a Reliable Patent Regime for Inventors

What we can, and should, address are institutional challenges. Regrettably, our institutional approach to patents has only further challenged small business and diminished innovation. Those challenges come …
By Brian O’Shaughnessy
11 months ago 6

CES Seizure order against alleged patent infringers issued by the Las Vegas federal district court

While we tend to think of Las Vegas’ tourism-based economy as built on gambling, trade shows also bring hundreds of thousands of visitors to the city each …

The Patent Scrooges: The rise and potential fall of the efficient infringers

So it now looks like this: if you are a patent owner and feel that your rights have been encroached upon, you now have to assume there …
By Louis Carbonneau
1 year ago 9

The theory of patents and why strong patents benefit consumers

Consumers benefit most when patents are strongest and act to block actors. When competitors are blocked that means they cannot simply copy and flood the market with …
By Gene Quinn
1 year ago 9

No permanent injunction threat leads to refusal to deal with patent owners

Simply stated, Lemley is wrong and his suggestion that eBay v. MercExhange is at all positive, let alone the best development, strikes me as utterly ridiculous. The …
By Gene Quinn
2 years ago 32