News & Analysis as of

Preliminary Injunctions Intellectual Property Protection Appeals

Jones Day

UK Court of Appeal Provides Guidance on Interim Licenses in Latest FRAND Dispute

Jones Day on

The United Kingdom's Court of Appeal has issued an important decision on the principles governing the grant of interim licenses in standard essential patent ("SEP") disputes....more

McDermott Will & Emery

Eye-Catching: Biosimilars Injunction Prevails

Addressing a preliminary injunction in patent litigation related to the Biologics Price Competition and Innovation Act (BPCIA), the US Court of Appeals for the Federal Circuit upheld the district court’s grant of a...more

Sunstein LLP

Wavy Baby Waves Goodbye to its Attempt at Humor

Sunstein LLP on

In August, Vans, a globally-known footwear and apparel company, and MSCHF, a Brooklyn-based art collective, settled their trademark and trade dress dispute, entering an agreement that permanently enjoins and restrains MSCHF...more

McDermott Will & Emery

Case Closed: OpenAI Prevails on Secondary Meaning

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s grant of a preliminary injunction (PI) in a trademark action under the Lanham Act, stating that the district court’s ruling was not clearly erroneous...more

McDermott Will & Emery

Ghostly Misstep: No Confusion Means No Preliminary Injunction

McDermott Will & Emery on

In a trademark case involving an incontestable registration, the US Court of Appeals for the First Circuit affirmed a district court ruling denying the registrant a preliminary injunction (PI) for failure to establish...more

Seyfarth Shaw LLP

The Saga’s Not Over – FTC Appeals Florida Court’s Stay of Non-Compete Rule

Seyfarth Shaw LLP on

Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the...more

McDermott Will & Emery

UPC Court of Appeal Issues First Decision, Overturns Preliminary Injunction

Back in September 2023, the Unified Patent Court’s (UPC) Local Division Munich issued a preliminary injunction against the defendant in 10x Genomics, Inc. v. NanoString Technologies, Inc. On February 26, 2024, in a landmark...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | February 2024

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDermott Will & Emery

Standard Practice: The Public Has Right to Copyrighted Material Incorporated Into Law

McDermott Will & Emery on

In a case that attracted a slew of amicus curiae participation and was the most recent in the series of American Society for Testing and Materials (ASTM) copyright cases, the US Court of Appeals for the District of Columbia...more

McDermott Will & Emery

Copyright Claim in Digital Message Format Fizzles Out

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit found that digital message formats and messages generated using those formats were not copyrightable and thus vacated a preliminary injunction against an alleged infringer...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Deems Algorithm Potentially Valid Trade Secret Notwithstanding Prior Publication

On January 24, 2022, the Federal Circuit affirmed the grant of a preliminary injunction blocking the publication of a patent application on the basis that it contained the plaintiff, Masimo Corp.’s trade secrets. Masimo Corp....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

Hogan Lovells

China: looking back at 2019's main IP developments and looking forward at what 2020 may bring

Hogan Lovells on

2019 was an eventful year in the Chinese IP landscape, with a large number of major developments shaking up existing practice, and with important overhauls of laws and regulations....more

McDermott Will & Emery

That’s Bananas: Third Circuit Examines Copyright Protection Under Star Athletica

McDermott Will & Emery on

Applying the Supreme Court of the United States’ 2017 decision in Star Athletica v. Varsity Brands regarding the copyrightability of non-utilitarian sculptural design features (IP Update, Vol. 20, No. 4), the US Court of...more

McDermott Will & Emery

That’s All He Wrote: Copyright Owners No Longer Enjoy Presumption of Irreparable Harm

McDermott Will & Emery on

Addressing for the first time the issue of whether a presumption of irreparable harm should apply in copyright infringement cases, the US Court of Appeals for the Third Circuit held that it did not, aligning the rule for...more

Jones Day

Forum Selection Clause May Preclude PTAB Proceedings

Jones Day on

The Federal Circuit recently affirmed a preliminary injunction barring PTAB proceedings in view of a forum selection clause. Dodocase VR, Inc. v. MerchSource, LLC, 2018-1724 (Fed. Cir. Apr. 18, 2019). Dodocase, the owner...more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

Fisher Phillips on

Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Winstead PC

Texas Appellate Court Requires Strict Proof of Trade Secret Elements For Every Defendant in Evaluating TCPA Defense

Winstead PC on

A recent Texas appellate court decision provides additional guidance for those parties litigating trade secrets in the new era of the Texas Citizens Participation Act (“TCPA”). The holding in Morgan v. Clements Fluids S....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

Littler

Tenth Circuit Significantly Narrows Scope of Injunction Cases Where Irreparable Harm is Presumed

Littler on

On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more

McDermott Will & Emery

No Copyright in Individual Contributions to a Film - 16 Casa Duse, LLC v. Merkin

McDermott Will & Emery on

Citing the U.S. Court of Appeals Ninth Circuit’s recent en banc decision in Garcia v. Google (IP Update, Vol. 18, No. 6), the United States Court of Appeals for the Second Circuit affirmed a summary judgment ruling that...more

21 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