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By Codifying the eBay Factors, RESTORE Does Not Solve the Problem of Obtaining Injunctive Relief

IP Watchdog

In 2006, the Supreme Court upended U.S. innovation in eBay vs. MercExchange (eBay). The eBay decision mandated a four-factor test (eBay Factors) that made injunctions nearly impossible to obtain. A working paper from Professor Kristina M.L. Acri shows that eBay reduced injunctions by 91.2% for patent owners without a product and 66.7%

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What to Do Now That the USPTO Accelerated Examination Program Is Ending

JD Supra Law

The US Patent and Trademark Office (USPTO) introduced the Accelerated Examination program in 2006 to help applicants receive expedited examination of important patent applications. The USPTO is ending the Accelerated Examination program on July 10, 2025, for utility patent applications, as we noted in a prior alert.

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AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

The IPKat

3 and 7 to 9 of Directive 2006/115. Conformity with Directive 2001/2 and Directive 2006/115 The AG first reminded that, in light of international treaties and the EU acquis, performers’ rights are exclusive rights and not remuneration rights. 2 and 3 of Directive 2001/29 as well as Arts. Temporal application of Arts.

Law 108
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USPTO Discontinues Accelerated Examination Program in Favor of Expanding Track One Program

JD Supra Law

The USPTO’s Accelerated Examination Program was implemented in 2006 as a way for Applicants to petition for an accelerated examination procedure that would lead to a patentability decision within 12 months or less. By: MoFo Life Sciences

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The RESTORE Patent Rights Act: One Little Sentence that Could Change Everything

Patently-O

388 (2006) which eliminated the near-automatic granting of injunctions in patent cases and instead required courts to apply a four-factor test considering irreparable harm, adequacy of monetary damages, balance of hardships, and the public interest. The key language is as follows: If. MercExchange, L.L.C. ,

Patent 98
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EURid celebrates its 19th anniversary

JD Supra Law

opened in December 2005, followed by the Landrush Period on 7 April 2006, when some one million.EU EURid was incorporated under Belgian law in April 2003 and, shortly thereafter, was appointed by the European Commission to run the.EU domain name Registry following a tender process. The Sunrise Period for.EU registrations. By: Hogan Lovells

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Precedential No. 6: TTAB Refuses to Add Affirmative Defense of Abandonment but Allows Addition as Counterclaims

The TTABlog

91101408, 2006 WL 1258869, at *2 (TTAB 2006) (motion for leave to amend pleading granted because grounds for new claim learned during discovery); see also TBMP § 507.02(a). See Black & Decker Corp. Emerson Elec. 91158891, 2007 WL 894416, at *3 (TTAB 2007); Karsten Mfg. Editoy AG , Opp.