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Patent Infringement Irreparable Harm

Baker Botts L.L.P.

Third Quarter 2024 Federal Circuit Law Update

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Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant...more

Fish & Richardson

Middle District of North Carolina Finds Public Interest Favors Granting Preliminary Injunction

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On December 27, 2023, Chief Judge Catherine Eagles of the U.S. District Court for the Middle District of North Carolina granted a motion for preliminary injunction by Natera Inc. enjoining NeoGenomics Laboratories Inc. from...more

McDonnell Boehnen Hulbert & Berghoff LLP

Koninklijke Philips N.V. v. Thales DIS AIS Deutschland USA LLC (Fed. Cir. 2022)

The Federal Circuit today affirmed a decision by the District Court denying defendant Thales DIS AIS Deutschland USA's motion for preliminary injunction to prevent patentee plaintiff Koninklijke Philips N.V. from obtaining an...more

Fox Rothschild LLP

Judge Noreika Denies Plaintiff’s Motion for Preliminary Injunction in Patent Infringement Action

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By Memorandum Order entered by the Honorable Maryellen Noreika in Vertigo Media, Inc. et al. v. Earbuds Inc., Civil Action No. 21-120-MN (D.Del. October 14, 2021), the Court denied plaintiffs Vertigo Media, Inc. and Remote...more

Vinson & Elkins LLP

Western District Of Texas Sanctions Patent Infringement Defendant For Discovery Abuse And Misconduct

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On April 6, 2021, the Western District of Texas ordered that preliminary injunction relief was appropriate to prevent irreparable harm to the plaintiff due to the defendant’s “discovery abuse and related misconduct.”...more

Knobbe Martens

No Harm, No Stay: Petition for Certiorari Not Enough to Stop Mandate

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AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, and Taranto. Appeal from the United States District Court for the District of Delaware. American Axle & Manufacturing, Inc. (AAM) sued Neapco...more

McDonnell Boehnen Hulbert & Berghoff LLP

Takeda Pharmaceuticals U.S.A., Inc. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

ANDA litigation, pursuant to the Hatch-Waxman Act, has become more complicated over the years since enactment of the statute in 1984, with more patents being asserted and more parties participating over the opportunity to...more

McDermott Will & Emery

Unlikely to Succeed: Preliminary Injunction Denied Despite Stipulation to Irreparable Harm

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In a dispute over the terms of a settlement agreement, the US Court of Appeals for the Federal Circuit found that a patent owner was not entitled to a preliminary injunction despite a stipulation that it would be irreparably...more

Knobbe Martens

Preliminary Injunction Denied Because of Failure to Draft Precise Terms That Capture the Intent of the Parties

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TAKEDA PHARMACEUTICALS U.S.A., INC. V. MYLAN PHARMACEUTICALS INC. Before Prost, Newman, and Hughes. Appeal from the United States District Court for the District of Delaware - Summary: The scope of a contract term may...more

Weintraub Tobin

Irreparable Harm For Permanent Injunction Supported By Lost Profits Award

Weintraub Tobin on

In f’real Foods, LLC et al v. Hamilton Beach Brands, Inc. et al, 1-16-cv-00041 (DDE 2020-07-16, Order) (Colm F. Connolly), plaintiffs freal Foods, LLC and Rich Products Corporation sued defendants Hamilton Beach Brands, Inc....more

Kramer Levin Naftalis & Frankel LLP

Biosimilars in 2020: What’s Ahead

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. This year, the BPCIA turns 10. While the U.S. Biosimilars Pathway has...more

Jones Day

SDNY Rules Forum Selection Clause Does Not Bar IPR

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On July 2, 2019, Judge Cote of the Southern District of New York issued an opinion that denied a motion for a preliminary injunction ordering the defendant to withdraw its petitions for inter parties review (“IPR”) at the...more

McDermott Will & Emery

Forum Selection Clause Prohibits Filing IPR and PGR Petitions

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In a non-precedential opinion, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of preliminary injunction requiring a licensee to withdraw its inter partes review (IPR) and post grant review...more

Akin Gump Strauss Hauer & Feld LLP

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

Jones Day

When One Door Closes, Another Opens: Court Of International Trade Issues a Preliminary Injunction of Customs’ Exclusion of...

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In a recent opinion, the Court of International Trade granted a request for preliminary injunction to One World Technologies (“One World”). One World Techs., Inc. v. United States, No. 18-00200, 2018 WL 7049792 (Ct. Int’l...more

Smart & Biggar

Year-end Round-up: Notable Canadian Patent Cases of 2018

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Earlier this month we published an exhaustive review of the life sciences and regulatory cases in the Canadian courts, and decisions on the merits for the year are summarized in our in our Rx IP Update 2018 Highlights in...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Mintz - Intellectual Property Viewpoints

Potential Future Harm to Patent Holder Found to Justify Imposition of Preliminary Injunction

In Vecco Instruments Inc. v. SGL Carbon, LLC, No. 17-CV-2217 (E.D.N.Y. Nov. 2, 2017), Judge Pamela Chen in the Eastern District of New York recently granted Vecco’s motion for a preliminary injunction enjoining SGL Carbon....more

McDermott Will & Emery

Driving Demand: Causal Nexus Between Infringing Features, Accused Sales Required to Prove Irreparable Harm

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The US Court of Appeals for the Federal Circuit clarified that the causal nexus necessary to prove irreparable harm in a multi-purchaser, multi-component setting does not require proof that the infringing feature is the...more

Knobbe Martens

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

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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

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

The Circuit issued a single precedential patent decision this week – the Genband v. Metaswitch case where the Circuit vacated the denial of a motion for preliminary injunction out of concern that the district court applied...more

Schwabe, Williamson & Wyatt PC

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

In Nichia the Circuit affirms the denial of a permanent injunction because Nichia failed to prove irreparable injury. In RecogniCorp the panel throws out as not being directed to patentable subject matter claims directed to...more

Proskauer - New England IP Blog

After Rain Delay, Preliminary Injunction Denied

In a recent case involving competitors in the market of storm water chambers, underground structures for the collection and management of rain and snow storm water, the District of Connecticut court denied a motion for...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

King & Spalding

2015 U.S. Trademark Developments Every Food and Beverage Lawyer Should Know

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In 2015, U.S. courts provided trademark practitioners with several issues to discuss and debate. Identified and summarized below are the top five most discussed issues....more

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