News & Analysis as of

eBay Test

Bennett Jones LLP

Canadian Patentees are Presumptively Entitled to the Remedies of an Accounting of Profits and a Permanent Injunction

Bennett Jones LLP on

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits...more

McDermott Will & Emery

Quack, Waddle and Duck: Order That Grants Injunctive Relief Is an Injunction

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit vacated and remanded a district court ruling, finding that the district court failed to properly apply the Federal Rules of Civil Procedure (FRCP) in granting injunctive relief....more

Mitchell, Williams, Selig, Gates & Woodyard,...

PSD/Air Enforcement: U.S. District Court (Missouri) Addresses Injunctive Relief Authority

The United States District Court (Eastern District Missouri) (“Court”) issued a February 27th Memorandum and Order (“Order”) addressing whether it had the authority to order injunctive relief for past violations of the Clean...more

BCLP

California Court Grants Nonsuit in Website Accessibility Trial

BCLP on

A California court has dismissed a website accessibility case shortly after commencing trial, issuing a sua sponte nonsuit on grounds that the defendant credit union’s website is not subject to the ADA. Martinez v. San Diego...more

Akin Gump Strauss Hauer & Feld LLP

District Court Grants Permanent Injunction, but Denies Product Recall

A judge in the Western District of Michigan enjoined a roofing manufacturer’s infringing and directly-competing vented soffit product, but denied the patentee’s request for a complete product recall....more

McDonnell Boehnen Hulbert & Berghoff LLP

Sandoz Petitions for Certiorari over 180-day Notice Provision in BPCIA

As reported on February 17, 2016 in IP Law360, Sandoz has petitioned the U.S. Supreme Court for certiorari to review the Federal Circuit's decision that reversed the District Court in Amgen v. Sandoz. In its decision, two...more

McDermott Will & Emery

Lowering the Bar for Irreparable Harm: Infringing Feature Need Not Be the Exclusive Driver of Consumer Demand - Apple Inc. v....

How does a patent owner prove it has been irreparably harmed when the protected feature is only a small part of an infringing device? The U.S. Court of Appeals for the Federal Circuit answered that question in the ongoing IP...more

McDermott Will & Emery

“Raging Bull” and the Patent Act: Laches Still Available in Patent Cases - SCA Hygiene Products AB et al. v. First Quality Baby...

McDermott Will & Emery on

The U.S. Court of Appeals for the Federal Circuit convened an en banc panel to examine the Supreme Court’s “Raging Bull” decision in Petrella v. Metro-Goldwyn-Mayer, Inc. in the context of deciding whether laches remains a...more

Mintz

Apple v. Samsung Part IV: The Injunction May Not Be Dead

Mintz on

On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated...more

King & Spalding

ITC Section 337 Update – October 2015

King & Spalding on

ITC Proposes Extensive Changes To Rules For Adjudicating Section 337 Investigations – On September 24, 2015, the Commission published a Notice of Proposed Rulemaking in the Federal Register announcing proposed changes to its...more

Snell & Wilmer

Preparing to Defend a Section 337 Action: What District Court Litigators Need to Know

Snell & Wilmer on

The U.S. International Trade Commission (“ITC” or “the Commission”) is an important venue for patentees. Cases are guaranteed a decision within sixteen months of the institution of the investigation and success provides...more

McCarter & English, LLP

Third Circuit Nixes Presumption of Irreparable Harm in Comparative False Advertising Cases

Continuing a trend that began in 2006 with the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., the U.S. Court of Appeals for the Third Circuit has ended the practice of presuming irreparable harm in Lanham Act...more

McDermott Will & Emery

Federal Circuit to Judge Posner: eBay Analysis Is a Must

The U.S. Court of Appeals for the Federal Circuit (in a case that attracted a dozen amici briefs) affirmed a district court ruling by Circuit Judge Posner (sitting by designation) that the holder of the FRAND-encumbered SEP...more

Cadwalader, Wickersham & Taft LLP

Federal Circuit Rules No Per Se Prohibition Against Injunctions For FRAND-Encumbered Standard Essential Patents

On April 25, 2014, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in the appeal from Judge Posner’s ruling that denied both Motorola and Apple damages and injunctive relief in Apple Inc. v....more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide