Posts Tagged: Injunctions
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 …
Masters Offer Hope for Patents Despite Current Challenges
Experts speaking during IPWatchdog’s Virtual Patent Masters Symposium yesterday expressed concern over the state of the U.S. patent system, but also offered a number of …
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 …
Why eBay v. MercExchange Should, But Won’t, Be Overruled
As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to …
Obtaining Injunctions Under eBay Versus at the International Trade Commission
Prior to the Supreme Court’s decision in eBay v. MercExchange, 547 US 388 (2006), it was fairly routine for a victorious patent owner who prevailed on a finding of …
Top Secret: How to Successfully Build a Trade Secrets Case
When an employee who has left a company to work for a competitor shares a coveted trade secret, his or her former employer can experience devastating effects, …
A Step Forward for the STRONGER Patents Act
The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
Senate Hearing on STRONGER Patents Act Highlights Sharp Split on Injunctive Relief, IPR Fixes
On the afternoon of Wednesday, September 11, the Senate Judiciary Committee’s Subcommittee on Intellectual Property convened a hearing titled Innovation in America: How Congress Can Make Our …
Coons and Stivers Reintroduce Measure to Make the U.S. Patent System STRONGER
Senator Chris Coons (D-DE) and Congressman Steve Stivers (R-OH) reintroduced the STRONGER Patents Act of 2019 today in an event on Capitol Hill. Coons first introduced the STRONG …
Judge Paul Michel: Look to Congress, Not Courts, to Fix the U.S. Patent System
During a break at IPWatchdog’s recent Patent Masters™ Symposium, former Federal Circuit Chief Judge Paul Michel went on record to express his grave concerns about the …
Latest Apple/Qualcomm Ruling Highlights Question of ‘Unwilling Licensees’
On March 20, U.S. District Judge Gonzalo Curiel of the Southern District of California issued an order denying a motion by Apple, which was seeking partial judgment …
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 …
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 …
