Posts Tagged: injunction


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
4 years 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
4 years 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
4 years 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
4 years 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
4 years 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
5 years 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
5 years 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
5 years 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
5 years ago 32

Patent Erosion 2013: What Would the Founding Fathers Think?

As the end of 2013 approaches and I look back on what has transpired I am saddened to see that through the year patent rights have continued to …
By Gene Quinn
7 years ago 26

Patent News and Notes

1. Reed Tech takes over USPTO Contract from Google. 2. Pharma Patent Settlements Saved $25.5 Billion for US Health System. 3. Coffee Analysis Smart Phone App for that Perfect Brew. 4.FDA …
By Gene Quinn
7 years ago 0

Patent Litigation: How to Practice Post-TiVo

In TiVo v. Echostar, Echostar lost on infringement of TiVo’s patented DVR functionality. Judge Folsom issued an injunction and ordered that Echostar stop offering the service …
By Dolly Krishnaswamy
7 years ago 1