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Preliminary Injunctions Chemicals

Davis Wright Tremaine LLP

Preliminary Injunction Barring Prop 65 Lawsuits Targeting Acrylamide Remains in Effect

On March 30, 2021, a federal court granted the California Chamber of Commerce's preliminary injunction to temporarily bar the California Attorney General and any private litigants from filing any new Proposition 65 lawsuits...more

Foley & Lardner LLP

Court Questions Applicability of Function Way Result Test In Chemical Cases

Foley & Lardner LLP on

In Mylan Institutional LLC v. Aurobindo Pharma Ltd., the Federal Circuit reviewed a preliminary injunction based in part on a finding of likelihood of success in establishing infringement under the doctrine of equivalents....more

Foley & Lardner LLP

Recent Guidance from the Federal Circuit on the Doctrine of Equivalents in Cases Involving Chemical Compositions

Foley & Lardner LLP on

In Mylan Institutional LLC, et al. v. Aurobindo Pharma Ltd., et al., Case No. 2017-1645, the Federal Circuit affirmed the district court’s grant of a preliminary injunction as to one of three patents-in-suit, while finding...more

Foley & Lardner LLP

Federal Circuit’s Primer on Equivalence Infringement of Chemical Process Patents

Foley & Lardner LLP on

In an appeal characterized as “unusual,” the Federal Circuit affirmed the grant of a preliminary injunction, holding it likely that plaintiff patent holder would succeed on the merits its claim of infringement of a patent...more

Bergeson & Campbell, P.C.

Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

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