Posts Tagged: permanent injunctions


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
1 month 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
4 months ago 8

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 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
5 months ago 22

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 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
5 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
6 months ago 12

CAFC affirms default judgment, permanent Injunction requiring defendant to turn over mold

Tile Tech argued that a default judgment was not appropriate because the district court did not find that Tile Tech acted in bad faith. However, the Court …

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
10 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
10 months ago 6

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
1 year ago 23

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
2 years ago 9