Posts Tagged: injunction


The New U.S. Essential Patents Statement – Safeguarding the Integrity of the Patent System

In withdrawing the 2013 statement, the new 2019 guidance by the DOJ, NIST and the USPTO states the obvious, i.e. that there is no difference in the law …
By Robert Stoll
8 days ago 2

The Impact of Overturning eBay v. MercExchange

At a time when most policymakers rightly argue that China and other countries need to do more to clamp down on intellectual property infringement, overturning the four-factor …
By Evan Langdon
1 month ago 91

USPTO, DOJ & NIST Issue Joint Policy Statement on Injunctions for Standard Essential Patents

Earlier this afternoon, the United States Patent and Trademark Office (USPTO, National Institute of Standards and Technology (NIST) and the U.S. Department of Justice, Antitrust Division (…
By Gene Quinn
4 months ago 2

Standard Essential Patents: Statistics and Solutions to the Real Party in Interest Problem

As I noted in part one of my talk at the IPWatchdog Patent Masters Symposium, the validity statistics for SEPs do not look very good at first …
By David Cohen
6 months ago 1

The Tough Act of Balancing Preliminary Injunction Factors: Indivior Inc. v. Dr. Reddy’s Laboratories, S. A. (Fed. Cir. 2018)

How the likelihood of success on the merits should (or should not) be determined and the four factors balanced in a patent infringement case, are areas in …

Apple Removes ‘Minor Functionality’ from iPhone in Response to Chinese Injunction

On December 10, 2018, a Chinese court granted Qualcomm an injunction against Apple that stops sales and imports of most iPhones in China.  On December 12, Apple announced that as …

Fitness Anywhere win Enhanced Damages and Permanent Injunction as Infringement Continued Post Verdict

The order granted post-trial motions filed by Fitness Anywhere both for enhanced damages on the patent infringement findings as well as a permanent injunction against WOSS. Although …
By Steve Brachmann
1 year ago 1

CAFC Overturns Preliminary Injunction on Generic Suboxone Film Over Newman Dissent

The Federal Circuit issued a nonprecedential decision in Indivior Inc. v. Dr. Reddy’s Laboratories, S.A., which vacated a preliminary injunction handed out by the District …
By Steve Brachmann
1 year ago 1

Museum of Modern Art Wins Injunction Against MOMACHA On Merits of Trademark Infringement, Dilution Claims

U.S. District Judge Louis Stanton recently issued an opinion granting an injunction requested by New York City’s Museum of Modern Art (MoMA). The injunction prevents …
By Steve Brachmann
1 year ago 0

Congressman Rohrabacher Introduces the Inventor Protection Act to Protect Inventor-Owned Patents

Congressman Dana Rohrabacher (R-CA) has introduced H.R. 6557, the Inventor Protection Act, into the House of Representatives. This bill is the latest proposed piece of legislation to …
By Steve Brachmann
2 years ago 57

‘Cockygate’ Trademark Row Causes Heartbreak in U.S. Indie Romance Novel Publishing Industry

In recent weeks, the U.S. romance publishing industry has been roiling over a trademark issue which has been less-than-affectionately referred to as Cockygate. According to various …
By Steve Brachmann
2 years ago 2

Craft Beer vs. Big Beer Trademark Suit May Test 9th Circuit’s ‘Irreparable Harm’ Standard

A resounding en garde was declared by California craft beer brand Stone to MillerCoors, the second largest beer company in the United States, over the alleged taking …
By Cliff Kuehn
2 years ago 1

Code sues Honeywell at ITC and EDTX for attempting to monopolize barcode reader market

Barcode reading solutions provider Code Corporation of Salt Lake City, UT, announced that it had filed antitrust actions against engineering conglomerate Honeywell International (NYSE:HON) at both …
By Steve Brachmann
2 years ago 20

Samsung Liable for Infringing Huawei Patents After Maliciously Delaying Negotiations

A Chinese court entered a ruling in favor of Huawei in a patent infringement case against Korean electronics conglomerate Samsung. While finding Samsung liable for infringing the …
By Steve Brachmann
2 years ago 1

Will the Supreme Court continue to be influenced by patent reform?

Invariably, the Supreme Court takes a provision or two from pending legislation and makes it law. Will they do the same now that pro-patent reform is actually …