News & Analysis as of

Permanent Injunctions

Hazardous Waste Enforcement: State of California and Home Depot U.S.A., Inc. Stipulation for Entry of Final Judgment/Permanent...

The California Attorney General (“AG”) announced a settlement with Home Depot U.S.A., Inc. (“Home Depot”) addressing alleged violations of: California Hazardous Waste Control Law...more

Virginia AG Reaches $243,000 Settlement with Online Payday Lenders and Servicers

by Goodwin on

On February 23, 2018, the Office of the Attorney General of Virginia (“Virginia AG”) announced that it had entered into a settlement agreement with several affiliated online payday lenders and debt collection companies (the...more

Former Band Member Must Sail On Down the Line

by McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit upheld a permanent injunction precluding a musician from using the trademarks of his former band. Commodores Entertainment Corp. v. Thomas McClary, Case No. 16-15794 (11th Cir.,...more

SEC Charges Additional Municipal Official With Securities Fraud In Connection With Oyster Bay Loan Guarantee Scheme

by Bracewell LLP on

On March 1, 2018, the U.S. Securities and Exchange Commission (“SEC”) filed a complaint in U.S. District Court for the Eastern District of New York (“Court”) charging Leonard Genova, town attorney and deputy supervisor for...more

The Supreme Court - February 27, 2018

by Dorsey & Whitney LLP on

Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784: Prior to filing for Chapter 11 Bankruptcy, Valley View Downs, which sought to operate a racetrack casino in Pennsylvania, transferred $55 million to its...more

FTC Announces Settlement on Privacy Protection Violations

by Weiner Brodsky Kider PC on

The FTC recently reached a settlement with an online talent search company regarding alleged violations of the Children’s Online Privacy Protection Act (COPPA), which is aimed at protecting the safety and privacy of children...more

Sanofi Opposes Amgen’s Petition for Rehearing En Banc in Praluent® Litigation

by Goodwin on

As we previously reported, Amgen is seeking en banc review of the Federal Circuit panel decision vacating a permanent injunction that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab)...more

Signature Industrial Services Sued By EEOC for Disability Discrimination

Petro-Chemical Contractor Fired Three Brothers Because of Their Blood Disorder, Federal Agency Charges - HOUSTON - Signature Industrial Services, LLC (SIS) unlawfully fired three laborers - all of whom were brothers -...more

British Columbia Supreme Court Orders First Nation to Disclose Impact Benefit Agreements

by Bennett Jones LLP on

The recent decision by the Supreme Court of British Columbia (BCSC) in Yahey v British Columbia (2018 BCSC 123, 25 January 2018) offers interesting insight into the circumstances in which benefit sharing agreements and...more

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Chris Lazarini Analyzes Mandatory Arbitration Rule under FINRA Rule 12200

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which defendant Wilson-Davis, a securities firm, sought to enjoin an arbitration brought against it alleging that the firm's failure to supervise its agent caused...more

Toy Company Settles DOJ Complaint Alleging Violations of Children’s Online Privacy Rule and FTC Act

by Weiner Brodsky Kider PC on

The Federal Trade Commission (FTC) recently announced a settlement with an electronic toy manufacturer for violating the Children’s Online Privacy Protection Rule (COPPA) and the FTC Act. The COPPA Rule prohibits unfair or...more

Sail On: Former Commodores Guitarist Fails to Establish Rights in Band's Trademark

Who owns a band’s trademark when that band is composed of multiple people? And more importantly, what rights does a band member have in that trademark when they leave the band? Earlier this week, the Eleventh Circuit...more

Bristol Myers Squibb, Bavarian Nordic, and Enzo Biochem file amicus brief supporting Amgen’s petition for en banc consideration of...

by Goodwin on

As we reported previously, Amgen is seeking en banc review of the Federal Circuit panel decision vacating a permanent injunction that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab)...more

Municipal Advisor Firm and Principal Charged with Fraudulent Practices and Breach of Fiduciary Duty as SEC Continues Enforcement...

by Bracewell LLP on

The SEC charged registered municipal advisor Malachi Financial Products, Inc. and its principal Porter B. Bingham with violations of Sections 15B(a)(5) and 15B(c)(1) of the Securities Exchange Act of 1934 (“Exchange Act”) and...more

Text, blood and rock 'n' roll

by DLA Piper on

A recent case involving the legendary rock band Lynyrd Skynyrd is noteworthy not only for the fame of its parties, but also for its important and expansive outcome regarding an important eDiscovery issue. In Ronnie Van Zant,...more

Antibody Patents Are Not Immune to § 112: Amgen Inc. v. Sanofi, Aventisub LLC

by K&L Gates LLP on

In Amgen v. Sanofi, the Federal Circuit held that evidence that first came into existence after the priority date may be considered in determining whether a genus patent claim satisfies the written description requirement...more

Streamlined Canadian trademark litigation — Court of Appeal opens door to full compensation

by Smart & Biggar on

A recent decision of the Federal Court of Appeal sheds light on a streamlined litigation procedure that brand owners may find attractive. In Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215...more

Amgen Seeks En Banc Consideration of Written Description and Enablement Issues in Praluent® Litigation

by Goodwin on

In October, a Federal Circuit panel vacated a permanent injunction (which the Federal Circuit had earlier stayed pending appeal) that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab)...more

Intervening Rights Apply When There Is a Product that Infringes the Original Claim that Does Not Infringe the Amended Claim

In Presidio Components, Inc. v. American Technical Ceramics Corp. [2016-2607, 2016-2650] (November 21, 2017), the Federal Circuit affirmed the district court’s holdings that the claims are not indefinite and that American...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

We do not usually report on district court cases, but the Columbia Sportswear v. Seirus design patent case handled by our firm is particularly interesting, given the award of all of defendant’s profits, and the district...more

Don’t Get TARRed: FTC Continues to Scrutinize Misleading Marketing and Sales Methods

by Bryan Cave on

The Federal Trade Commission has taken Tarr, Inc. and 18 other entities to task for fake news, unsubstantiated advertising claims, and fake celebrity endorsements. A stipulated order for permanent injunction and monetary...more

Enforcing Patents in Brazil: An Injunction Paradise?

In the Americas, Brazil is the second largest country in both GDP and population, and the third in territorial extension. Although the amount of patent litigation in Brazil is rather small in comparison to the U.S., patent...more

Bank Of Tokyo Mitsubishi Sues DFS And Alleges That DFS Has No Investigatory Or Enforcement Authority Over It Since It Is Now...

by Shearman & Sterling LLP on

On November 7, 2017, in the midst of a pending examination by, and implementation of previously agreed upon consent orders with, the New York State Department of Financial Services (“DFS”), the Bank of Tokyo Mitsubishi UFJ...more

When Governmental Entities Collide – Local Zoning Codes May Be The Loser

by Farrell Fritz, P.C. on

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As a result, the water district was able to proceed with replacement of one of its massive elevated water...more

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