Posts Tagged: permanent injunctions
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 …
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 (…
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 …
A Journey Through the Chinese Patent System: The differences in how patent rights are treated
The trade dispute between the US and China started with a US accusation of intellectual property theft on the part of China. Is China really “stealing” intellectual …
Seeds of demise were sown when SCOTUS removed exclusivity from the patent bargain
With the next Supreme Court term beginning in a few weeks we all need to come to terms with the fact that the U.S. has a …
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 …
Restoring the Right to Permanent Injunctions: A Patent Reform Agenda
Overrule eBay v. MercExchange and grant permanent injunctions to victorious patent owners as a matter of right. This singular change to U.S. patent laws – which is …
Causal-nexus for a permanent injunction only requires ‘some connection’ to infringement
The district court denied a request for a permanent injunction against Metaswitch after a jury found infringement because Genband failed to establish irreparable harm. More specifically, the …
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 …
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 …
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 …
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 …
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 …
