Irreparable Harm

News & Analysis as of

Federal Court of Appeal upholds interlocutory injunction directed at retailers of set-top boxes loaded with copyright-infringing...

As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or “pre-loaded”, with various applications that provide their users with...more

Shawe v. Elting, No. 423, 2016 (Del. Feb. 13, 2017) (Seitz, J.)

In this split decision, a 4-1 majority of the Delaware Supreme Court affirmed the Court of Chancery’s post-trial decision to appoint a custodian under Delaware’s custodian statute to sell TransPerfect Global, Inc....more

The ERISA Litigation Newsletter - January 2017

Editor’s Overview - In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more

CMS Revokes Billing Privileges for Competitive Bid Supplier

The Centers for Medicare and Medicaid Services (CMS) has demonstrated that it will not hesitate to use one of its most crippling administrative enforcement tools—the revocation of Medicare billing privileges—against one of...more

Commercial Division Grants Preliminary Injunction in Shareholder Dispute

On January 6, 2017, Justice Charles E. Ramos of the Commercial Division issued an order enjoining two corporations from taking action in violation of a shareholders agreement of a third company. The case, Ciment v. SpanTran,...more

Breaking News: Court Grants Permanent Injunction Against Sale of Praluent® in AMGEN V. SANOFI/REGENERON

For the past few years, Amgen has been asserting patents in a litigation against Sanofi and Regeneron Pharmaceuticals in the District of Delaware to prevent them from selling Praluent® (alirocumab), a biologic that competes...more

Three Point Shot - December 2016

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

District Court Denies Motion for Preliminary Injunction Where the Plaintiff Did Not Show Specific Facts of Lost Sales or Injury to...

Plaintiff, D Now, Inc. (D-Now), obtained an exclusive license to U.S. Patent No. 8,795,020, which claims a bubble blowing tube. D Now filed a patent infringement action against defendants TPF Toys Limited and TPF Toys LLC...more

Pipeline Opponents Face Significant Obstacles in Securing Injunctive Relief

With the federal government recently approving major pipeline projects, it is expected that environmental and other special interest or lobbying groups will commence actions in an attempt to prevent or delay those projects...more

Indiana Court of Appeals Rules on Irreparable Harm, Laches, Extension Clauses, and More in Recent Restrictive Covenant Case

The Indiana Court of Appeals recently issued a restrictive covenant ruling addressing several significant issues. On November 30, 2016, in Hannum Wagle & Cline Engineering, Inc. v. American Consulting, Inc., the Indiana Court...more

Stop them in their tracks: key points in seeking a preliminary injunction against medical device infringers

In 2006, the US Supreme Court reversed years of jurisprudence by eliminating the presumption of irreparable harm in patent litigations,1 which previously had resulted in virtually automatic grants of injunctions to prevailing...more

Court Denies Preliminary Injunction and Terminates Temporary Restraining Order, Allowing Imposition of Level 3 School Impact Fees

On May 26, 2016, the California Building Industry Association successful obtained a temporary restraining order from the Sacramento Superior Court preventing the State Allocation Board—and all others acting in concert with...more

DOL Fiduciary Rule-Making Overreach? Stay Tuned for the Judgment of the Courts

In April, the Department of Labor issued new regulations under ERISA related to individuals who offer investment advice to ERISA plans, their fiduciaries, or participants for a fee. The DOL now says that a fiduciary is...more

Warning Labels Suit Not Suitable for Preliminary Injunction

In American Beverage Association v. City and County of San Francisco, No. 3:15-cv-03415-EMC, decided on May 17, 2016, Northern District Judge Edward Chen denied a preliminary injunction against enforcement of a San Francisco...more

Federal Court Issues Nationwide Injunction Against DOL Persuader Rules

Additional litigation and appeals are likely, but for now, the DOL’s persuader rules will not take effect on July 1. The US District Court for the Northern District of Texas imposed a nationwide injunction on June 27...more

Modtruss Stumbles on “Same” Problem with Battlefrog Obstacles - Motion for Preliminary Injunctive Relief Denied

This post follows up on this post on Judge Ross’s Order of June 6, 2016, in which she allowed Modtruss, Inc. (“Modtruss”), to clarify its intent with regard to a prior motion for a temporary restraining order and preliminary...more

After Rain Delay, Preliminary Injunction Denied

In a recent case involving competitors in the market of storm water chambers, underground structures for the collection and management of rain and snow storm water, the District of Connecticut court denied a motion for...more

FRANCHISEE 101: What to Do About Franchisor’s Harmful New Policies

Franchisees aren't always excited when their franchisor introduces a new policy. But if a new policy overreaches and might doom a franchisee's business, can it be stopped before it starts?...more

Is It a Clean Fight?

It is no wonder that two companies manufacturing detergents would want to use the word “clean” for their products and brand. The Dial Corporation (“Dial”) owns the federally registered trademark PURECLEAN that it used to...more

Principles of Equity: Denying Inventors their Constitutionally Promised Exclusivity

Article I, Section 8, Clause 8 of the United States Constitution, empowers the United States Congress: - ..To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the...more

No Tea Time for Class Action Plaintiffs: Class Certification Denied for Bigelow Green and Black Tea Drinkers

Northern District of California Judge William Orrick recently denied class certification in two food misbranding class actions challenging antioxidant claims for Bigelow green and black teas. Khasin v. R.C Bigelow Inc., Case...more

Contractual Stipulations of Irreparable Harm: Helpful But Not Determinative

Business contracts frequently contain remedy clauses whereby the parties agree that a breach constitutes irreparable harm entitling the nonbreaching party to specific performance or injunctive relief to enforce the agreement....more

Species at Risk Putting Wind Projects at Risk

Ontario’s Environmental Review Tribunal (ERT) has allowed another wind project Renewable Energy Approval (REA) appeal on the basis of environmental concerns. In doing so, it has made findings on the statutory test of “serious...more

Maybe You Can Search This? SCC Grants Leave to Appeal From Global Restraining Order Against Google

The Supreme Court of Canada has granted leave to appeal from Equustek Solutions Inc. v. Google Inc., a decision that affirmed a global restraining order against Google Inc. (Google) and Google Canada Corporation (Google...more

Intellectual Property Newsletter - January/February 2016

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know - In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the...more

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