Permanent Injunctions

News & Analysis as of

Speculation of ANDA Product Launch Before FDA Approval Does Not Warrant Permanent Injunction

On December 28, 2016, Judge Stark of the District of Delaware, despite having previously found infringement, held that plaintiffs Bayer Pharma AG, Bayer Intellectual Property GmbH, and Bayer HealthCare Pharmaceuticals Inc....more

Limited Right to Ask for Discontinuance of Dues Deductions

A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin. Under this decision by U.S. District Judge William Conley, the Court has issued a...more

Update: Praluent® Permanent Injunction Stay Extended to 45 Days

We reported last week that a permanent injunction against the sale of Praluent® (alirocumab) was issued in Amgen v. Sanofi/Regeneron. The day after the court’s order, defendants filed a motion to stay the injunction while...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

Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal

Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...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

Louisiana Executive Order Extending Protections to LGBT Employees of State Contractors Enjoined

In June, we reported that in April 2016, Louisiana Governor John Bel Edwards (D) signed Executive Order JBE 2016 – 11, which sought to protect lesbian, bisexual, gay, and transgender individuals, among other protected...more

Not Gone with the Wind: IP Rights Despite Public Domain Images

In 2006, Warner Bros. filed suit against A.V.E.L.A., X One X Productions, and ArtNostalgia.com, Inc. (collectively, “AVELA”) for copyright and trademark infringement under the Copyright Act, the Lanham Act, and state law....more

Court Order to U-Haul: Haul Your Non-Compete Clauses Out of California

A California appellate court recently upheld a permanent injunction in Robinson v. U-Haul Company of California barring U-Haul from enforcing its non-compete covenants in California. U-Haul also was required to pay over...more

Texas Court of Appeals Finds Noncompete Agreement Inapplicable to Former President’s Post-Termination Activities Due to the...

On October 27, 2016, the Fort Worth Court of Appeals affirmed a lower court’s order denying an application for temporary injunction seeking to enjoin Thomas Musgrave, the former president of Henry F. Coffeen III Management,...more

Judge Permanently Blocks USDOL’s “Persuader Rule”

A federal judge in Texas permanently enjoined the new USDOL Persuader Rule from taking effect on a nationwide basis. The new rule would have required employers and law firms to publically disclose confidential legal advice...more

The “Persuader Rule” Permanently Enjoined

As we have previously reported, in March of 2016, the Department of Labor (“DOL”) issued a reinterpretation of the Persuader Activities Rule (The “Revised Rule”). This Revised Rule required that: - employers must...more

DOL Persuader Regulations Suffer Fatal Blows

Issuance of a nationwide, permanent injunction and the election of Donald Trump put an end to DOL’s controversial persuader regulations. The US District Court for the Northern District of Texas last week issued a...more

Nationwide Permanent Injunction Bars Implementation of DOL's "Persuader Rule"

As we explained in our client alert and blog posting on June 30, 2016, a Texas federal court on June 27 enjoined the United States Department of Labor (DOL) from implementing its new interpretation of the “Persuader Rule.” In...more

Federal Judge Permanently Blocks DOL "Persuader" Rule

On Tuesday, a federal district court in Texas issued a permanent injunction blocking implementation of the Department Of Labor’s so-called “Persuader” rule. The rule requires legal counsel and other persons or entities that...more

Weekly Update Newsletter - November 2016 #3

DEPARTMENT OF DEFENSE, GENERAL SERVICES ADMINISTRATION, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION - Clarification of Requirement for Justifications for 8(a) Sole Source Contracts - The Department of Defense...more

Texas Federal Judge Rules DOL “Persuader Rule” Unlawful

The Department of Labor’s (DOL) controversial “Persuader Rule” is off the table—at least for now. U.S. District Judge Cummings in the Northern District of Texas granted summary judgment to 10 states, including Texas, and...more

Permanently Barred: ‘Persuader' Rule Not Persuasive to Texas Judge

The U.S. Department of Labor’s (DOL) “Persuader” Rule is unlawful and should not become law anywhere in the United States. That is the holding of an order issued on November 16, 2016, by United States Senior Judge Sam R....more

DOL Persuader Rule Blocked by Federal Judge

On November 16, 2016, a District Judge in the Northern District of Texas permanently blocked the U.S. Department of Labor from enforcing a new regulation that would have increased disclosure requirements for employers that...more

Persuader Rule Determined to Be Unlawful: What to Do Now

In a win for both employers and their counsel, a Texas federal district court held earlier this week that the Department of Labor's Persuader Advice Exemption Rule was unlawful. The Persuader Rule required employers and their...more

NLRB's Persuader Rule Permanently Dead

Labor lawyers at Roetzel have warned clients about the National Labor Relations Board’s (NLRB) controversial “Persuader Rules” for five years. However, thanks to a court in Texas that permanently enjoined the rule, we no...more

DOL’s Persuader Advice Exemption Rule Blocked

On November 16th, Texas federal judge Sam R. Cummings granted Summary Judgment to several business groups, joined by Texas and nine other states, seeking to block enforcement of the U. S. Department of Labor’s (DOL) new...more

Permanent Pause to Persuader Rule: Texas Court Issues Permanent Nationwide Injunction

On November 16, 2016, in National Federation of Independent Business v. Perez, No. 5:16-cv-00066, a federal judge in Texas issued a permanent injunction preventing the Department of Labor (the “DOL”) from enforcing its new...more

Permanent Injunction puts Persuader Rule on the Ropes

Earlier in the year, we reported on a temporary injunction issued by a federal district court Judge in Texas. The injunction prevented the Department of Labor from enforcing the so-called “persuader rule.” The rule sought...more

Texas Court Permanently Strikes Down Persuader Rule

Good news for employers. On November 16, 2016, a Texas federal judge permanently enjoined the Department of Labor's ("DOL") proposed Persuader Rule. The federal court's decision to permanently block the rule ensures that...more

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