Permanent Injunctions

News & Analysis as of

Updates to Russia's anti-piracy law expand the scope and reach

As of 1 May 2015 Russia has adapted its new "Anti-Piracy" laws in order to more effectively combat the scourge of online piracy. How it Works - The law was initially enacted in 2013, and provides the owners of...more

Another SEC Insider Trading Case: Does it Comply With Newman?

The SEC continues to bolster its allegations regarding the relationships between tipper and tippee in insider trading cases as well as the knowledge of the tippee. Whether those allegations will be sufficient to meet the...more

Teva Agrees to Pay $1.2 Billion in FTC’s Pay-For-Delay Suit Against Cephalon

Recently, the FTC announced that it reached a settlement in its pay-for-delay lawsuit, FTC v. Cephalon Inc. in the U.S. District Court for the Eastern District of Pennsylvania, with Teva Pharmaceuticals Industries, Ltd.,...more

Permanent Injunction Against Medtronic

The Food and Drug Administration (FDA) first approved the Synchromed II Implantable Infusion Pump System manufactured Medtronic, Inc. in 2004. The pump infuses pain medication, Baclofen, through a catheter into a patient’s...more

American Express Appeals Anti-Steering Permanent Injunction to Second Circuit

Last Thursday, American Express appealed the District Court for the Eastern District of New York’s February ruling that its anti-steering rules violated Section 1 of the Sherman Act. The court entered a permanent injunction...more

Massachusetts Challenges Regulation A+

On May 22, 2015, William F. Galvin, the Secretary of the Commonwealth of Massachusetts, filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit seeking court review of the portion of...more

Real News - Spring 2015

Welcome to Real News! I’m pleased to introduce to you DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this quarter’s edition: - Mark Beardwood looks at service charge...more

Third Circuit Lets Wal-Mart Exclude Firearms Proposal Under the “Ordinary Business Operations” Exception

On April 14, 2015, the U.S. Court of Appeals for the Third Circuit summarily reversed a troubling decision of the Federal District Court in Delaware that required Wal-Mart to include in its 2015 proxy materials a shareholder...more

"Wal-Mart Wins Appeal of Shareholder Proposal Decision"

The U.S. Court of Appeals for the Third Circuit issued a decision on April 14, 2015 that reversed a U.S. District Court opinion and vacated a permanent injunction that would have required Wal-Mart Stores, Inc. to include a...more

The SEC Totally Cares about Its Injunctions

Last week I wrote a post discussing the injunctions the SEC typically obtains against defendants in federal court. I noted the oddity of these obey-the-law injunctions and wondered aloud why the Commission never pursues...more

In re: Nexium Plaintiffs Seek a Permanent Injunction

As we reported earlier, the jury in In re: Nexium found that AstraZeneca had violated the antitrust laws by acting to keep generics off the market but that no generic would have been introduced earlier in the market even...more

Illinois Drilling Rules Dodge First Blow in Latest Lawsuit

Illinois’ fledgling hydraulic fracturing industry avoided another delay last week. The rules, which adopt a regulatory framework to facilitate and regulate unconventional drilling, were finally published after over a year in...more

Credit Monitoring Company Enters Consent Order with Government Regarding Online ‘Negative Option’

The Federal Trade Commission (FTC) and the Attorneys General of Ohio and Illinois recently entered into a stipulated settlement order with a credit monitoring company arising out of the company’s alleged conduct concerning...more

North River Ins. Co. v. Mine Safety Appliances Co., — A.3d —, 2014 WL 5784588 (Del. 2014)

Mine Safety Appliances Company (“MSA”), a safety appliances company, faced a multitude of personal injury claims due to alleged defects in its safety equipment. MSA, in turn, sought costs, including legal fees, costs of...more

FTC Settles With Debt Broker That Posted Consumer Financial Information

The Federal Trade Commission (“FTC”) has settled a complaint against consumer debt broker Bayview Solutions, LLC, as well as its principal, Aron Tomko, based on allegations that they had publicly disclosed the personal...more

HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014

HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014: District court grants publisher’s motion for permanent injunction to enjoin defendant from publishing e-book...more

Ninth Circuit Finds Permanent Injunction Questionable Despite Trademark Infringement

La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real - While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more

This Week In Securities Litigation

Rengan Rajaratnam settled his insider trading case with the SEC this week, consenting to the entry of a permanent injunction and agreeing to pay disgorgement, prejudgment interest, a civil penalty and to be barred from the...more

Trademark Review - La Quinta Hotels, Kia, and Fab Again (September 2014)

Co-Existence Outside of the U.S. Might be Relevant to Obtaining a Permanent Injunction in U.S. La Quinta has operated LA QUINTA hotels and motels in the United States since 1968. Quinta Real operates QUINTA...more

Court Upholds Rights of Small Business Dredging Contractors

In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the...more

IP Newsflash - August 2014 #5

Apple’s Motion for Permanent Injunction Denied - After the court found that Samsung infringed one of Apple’s patents on summary judgment and a jury found that Samsung infringed two others, Apple filed a motion for a...more

Are Permanent Injunctions in Patent Cases Back in Style?

Two recent district court decisions out of the District of Delaware have again placed the spotlight on permanent injunctions in patent cases. Prior to 2006, there was a longstanding general rule that courts would issue...more

DC District Court Strikes Down 340B Orphan Drug Rule

On May 23, Judge Contreras of the U.S. District Court for the District of Columbia (DC District Court) ruled that the Health Resources and Services Administration (HRSA) did not have the statutory authority to promulgate its...more

Court Enters Permanent Injunction Against American Tool & Mold in EEOC Disability Case

Clearwater Company Ordered to Pay $150,000 and Observe Non-Discrimination Provisions For Withdrawing Job Offer Because of Applicant's Old Back Injury - TAMPA, Fla. - In an order issued yesterday, a federal judge...more

Carnegie Mellon v. Marvell: District Court Enhances Damages to $1.5 Billion

After a jury returned a verdict against Marvell for patent infringement, Carnegie Mellon ("CMU") filed several motions, including for prejudgment interest, for supplemental damages, for enhanced damages, for an ongoing,...more

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