News & Analysis as of

Fifth Circuit to Hear Oral Arguments on Whether to Lift Injunction on April 17

Tuesday, the Fifth Circuit granted the U.S. Department of Justice’s (DOJ) request to expedite its appeal of U.S. District Judge Andrew Hanen’s injunction staying President Obama’s immigration actions....more

Pom Wonderful Likely to Succeed in Infringement Claim Against “pom”-Branded Beverage - Pom Wonderful LLC v. Hubbard

The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court decision denying a preliminary injunction motion in a trademark infringement action, holding that the district court committed clear error...more

No Presumption, but Inference of Irreparable Harm Permissible Under Lanham Act - Groupe SEB USA, Inc. v. Euro-Pro Operating LLC

Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm where the advertisements were literally false, the U.S. Court of Appeals for...more

Court Will Not Halt Horizontal Drilling Operation to Reach Adjacent Lessee’s Land

Using offsite locations for horizontal drilling is becoming increasingly popular as surface use becomes difficult. In Lightning Oil Inc. v. Anadarko Petroleum Corporation, the San Antonio Court of Appeals looked at what can...more

Two Things You Should Know If You Are Appealing A Preliminary Injunction On A Covenant Not To Compete

If you are representing a client who has been subjected to an injunction enjoining him from violating a covenant not to compete, and you want to appeal, there are two things you ought to know. One is good for you, the other...more

Better Describe Trade Secret If You Want to Protect It

New Castle Beverage, Inc. v. Spicy Beer Mix, Inc. - In an unpublished opinion, the Court of Appeal of the State of California’s Second Appellate District affirmed the lower court’s denial of a preliminary injunction...more

Patent Owner Practicing the Patent Not Necessary to Secure Preliminary Injunction

Trebro Mfg., Inc. v. FireFly Equipment, LLC - Addressing whether a plaintiff that does not practice the asserted patent and did not itself invent the patent was entitled to a preliminary injunction against a...more

March 2014: Appellate Update

The general rule in federal court is that only a final judgment (i.e., a judgment that ends the case) is appealable as of right. So-called “interlocutory” decisions—such as a decision denying a defendant’s motion to dismiss,...more

Lessons From 2012 About California Appellate Procedure

Appellate courts invariably face lawyers who fail to follow the rules that govern appeals. Learned Hand famously threw a 150-page brief over the bench and onto counsel's table after exclaiming that he would not read it...more

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

In re Celera Corp. S’holder Litig., No. 212, 2012 (Del. Dec. 27, 2012)

In this en banc decision, the Delaware Supreme Court affirmed the Court of Chancery’s certification of a class representative in a breach of fiduciary duty action, even though the class representative sold its stock in the...more

Trademark Review - Volume 2 | Issue 12 December 2012

In This Issue: • Owner of “WOULD YOU RATHER...?” Wins $8.3 Million • PC ON A STICK Is Not Merely Descriptive • Sonoma Wine Producer Wins Geographically Limited Injunction • Brand Owners Awarded Favorable Damages...more

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