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Preliminary Injunctions Design Patent

AEON Law

Patent Poetry: Federal Circuit Vacates Injunctions against Hoverboard Sales

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The Federal Circuit has vacated two preliminary injunctions against sales of hoverboards alleged to infringe design patents. The case is ABC Corp. I v. Partnership and Unincorporated Associations...more

McDermott Will & Emery

Heads Up: Defendants Deserve Fair Notice of Preliminary Injunctions

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In one of two concurrent opinions concerning the same design patent case, the US Court of Appeals for the Federal Circuit vacated a district court’s grant of a preliminary injunction and an order extending the preliminary...more

McDermott Will & Emery

Ordinary Observer Conducts Product-by-Product Analysis in View of Prior Art

McDermott Will & Emery on

In one of two concurrent opinions concerning the same design patent case, the US Court of Appeals for the Federal Circuit vacated a district court’s entry of a preliminary injunction after concluding that the court had failed...more

Knobbe Martens

Lack of Advance Notice Vacates District Court’s Orders

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ABC CORPORATION I v. PARTNERSHIP AND UNINCORPORATED ASSOCIATIONS - Before Dyk, Taranto, and Stoll.  Appeal from the United States District Court for the Northern District of Illinois. Summary: Failure to provide...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Patterson Belknap Webb & Tyler LLP

You Can Keep Your Curtains: Judge Schofield Denies Preliminary Injunction

On May 26, 2021, United States District Judge Lorna G. Schofield (S.D.N.Y.) denied a preliminary injunction request from Plaintiffs Sure Fit Home Products, LLC, SF Home Décor, LLC, and Zahner Design Group, Ltd. (collectively,...more

Hogan Lovells

What you need to know about China's new Regulations on interim injunctions in IP cases

Hogan Lovells on

China’s Supreme People’s Court recently passed its new “Regulations on Certain Issues on the Application of Law for Conduct Preservation in Trials of Intellectual Property Disputes”. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - September 2018: When the Other Shoe Drops – Keep Calm and (Trade) Dress Up

Design patents are often the go-to option for protecting the visual features, or design, of a product. But design patent protection is not always available, such as after the product has been on sale, offered for sale, or...more

Knobbe Martens

Meow- Copycat Fur and Bows - Forever 21 Stares Down Puma

Knobbe Martens on

As discussed in our previous blog post Puma Treads New Territory Hitting Forever 21 with Copyright Allegations after the Supreme Court’s Star Athletica Decision, Puma sued Forever 21 for design patent infringement, trade...more

Schwabe, Williamson & Wyatt PC

Recent Developments In Patent Law May 17, 2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Design Patent Case Digest: Robinson v. JoeyBra LLC

Decision Date: May 8, 2013 and June 3, 2014 Court: W.D. Virginia - Patent: D448,541 - Holding: Plaintiff’s motion for reconsideration of order denying preliminary injunction - DENIED. Defendant’s motion for...more

King & Spalding

Intellectual Property Newsletter - December 2012

King & Spalding on

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

BakerHostetler

Patent Watch: Revision Military, Inc. v. Balboa Mfg. Co.

BakerHostetler on

[T]he estimated likelihood of success in establishing infringement is governed by Federal Circuit law. [A movant for a preliminary injunction in a patent case] need not meet [the] heightened "clear or substantial likelihood"...more

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