News & Analysis as of

Irreparable Harm

Texas Federal Judge Upholds CFPB’s Investigative Authority in Denying Stay Pending Appeal of CFPB CID Dispute

by Dorsey & Whitney LLP on

Burgeoning federal enforcement efforts relating to the consumer data and credit reporting industry have led to another key legal development: a federal court in Dallas ruled in favor of the Consumer Financial Protection...more

Additional 15,000 Visas for H-2B Temporary Nonagricultural Workers for FY 2017

Effective upon publication by the Federal Register on Wednesday, July 19, 2017, the Department of Homeland Security (DHS) has authorized the one-time issuance of an additional 15,000 H-2B visas for Temporary Nonagricultural...more

Meow- Copycat Fur and Bows - Forever 21 Stares Down Puma

by Knobbe Martens on

As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued Forever 21 for design patent infringement, trade...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

The Circuit issued a single precedential patent decision this week – the Genband v. Metaswitch case where the Circuit vacated the denial of a motion for preliminary injunction out of concern that the district court applied...more

Federal Circuit Clarifies Standard To Prove Irreparable Harm For Injunctive Relief

by Brinks Gilson & Lione on

On July 10, 2017, the Federal Circuit issued a decision in Genband US LLC v. Metaswitch Networks Corp. regarding the standard for proving irreparable harm for purposes of obtaining injunctive relief in a patent case....more

Now You See It, Now You Don’t: SCC Upholds Worldwide Injunction That Alters Google Search Results

by Bennett Jones LLP on

The Supreme Court of Canada has upheld a novel injunction order against Google, requiring it to remove certain websites from worldwide search results. For litigants in Canadian courts, Google v. Equustek enlarges both the...more

Global injunctions available against search engines, rules Supreme Court of Canada

by DLA Piper on

The Supreme Court of Canada released a landmark decision on June 28, 2017 in which a broad worldwide injunction was upheld restraining Google from including certain websites in its search results anywhere in the world....more

Federal Court in Nebraska Denies Surety’s Request for Preliminary Injunction Requiring Principal to Post Collateral Security,...

by Pepper Hamilton LLP on

Allied World Specialty Ins. Co. v. Abat Lerew Constr., 2017 U.S. Dist. LEXIS 61794 (D. Neb. Apr. 24, 2017) - Abat Lerew Construction (“ALC”) entered into multiple construction projects which required it to obtain surety...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Nichia the Circuit affirms the denial of a permanent injunction because Nichia failed to prove irreparable injury. In RecogniCorp the panel throws out as not being directed to patentable subject matter claims directed to...more

State of Michigan Lacks Standing in M22 Case

by Revision Legal on

On April 21, 2017, Western District of Michigan Judge Gordon J. Quist ruled the State of Michigan lacks standing in a declaratory judgment action to declare the use and registration of federally registered marks are unlawful....more

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

by Smart & Biggar on

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

The ERISA Litigation Newsletter - January 2017

by Proskauer Rose LLP on

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

by Foley & Lardner LLP on

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

by Goodwin on

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

by Proskauer Rose LLP on

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

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

by DLA Piper on

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

by Miller Starr Regalia on

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

by Seyfarth Shaw LLP on

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

by Morgan Lewis on

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

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