The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. Over to Léon: The proportionality test in European patent law by Léon Dijkman “When I started work as an IP lawyer in 1973”, writes Willem Hoyng in the foreword to my new book , “proportionality did not come to mind when discussing injunctions”. Oh, how times have changed.

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IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. Without need to prove irreparable damage, a right holder could seek quick relief by filing a simple administrative complaint.

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LexBlog IP

DECEMBER 19, 2022

The topics for the conference included: A legislative update. Litigants are increasingly seeking monetary damages rather than injunctive relief for misappropriation. The American Intellectual Property Law Association recently completed its Trade Secrets Summit in Miami, Florida. Arbitration of trade secret disputes.

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LexBlog IP

APRIL 27, 2022

This is a great segue to the next topic which is injunctive relief. Injunctive Relief : You have likely heard of money damages. In contrast, injunctive relief is only available when there is a likely risk of irreparable harm and money damages are not enough to make one party whole.

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TorrentFreak

DECEMBER 14, 2023

For a long time, pirate site blocking was considered a topic most U.S. lawmakers may be more receptive to revisiting this topic. lawmakers may be more receptive to revisiting this topic. “It’s beyond time for Congress to revisit no-fault injunctive relief to combat blatant forms of piracy.”

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LexBlog IP

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. Without need to prove irreparable damage, a right holder could seek quick relief by filing a simple administrative complaint.

Designs 52

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LexBlog IP

AUGUST 17, 2022

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. The complaint sought monetary equitable relief under Section 13(b) of the FTC Act. Background. Next Steps and Lessons Learned.

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The IPKat

JULY 30, 2021

When this Kat started his tenure as a GuestKat two years ago, his first post was on the first anti-anti-suit injunction issued in Europe, by the Munich Regional Court. For his parting post, he returns to Germany and patent injunctions. In this case, the aggrieved party shall be granted a reasonable monetary compensation.

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43(B)log

SEPTEMBER 6, 2021

The district court entered a permanent injunction against defendants but denied disgorgement of profits, attorneys’ fees and costs. . - (9 th Cir. Here, the parties compete in the market for addiction treatment. A jury found defendants liable for false advertising through a purportedly unbiased, independent site.

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LexBlog IP

JUNE 29, 2023

Getting monetary relief under the FTC Act is, however, more complicated than alleging a straightforward Rule violation. The order has the usual injunctive provisions you would expect from a MUSA case – but also, however, does impose a monetary judgment to the tune of $191,481 (which is quite the precise number we observe).

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The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. But no such luck for Abbott, " regret[tably] ".

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SpicyIP

AUGUST 15, 2021

Topical Highlight. granted ad-interim relief to the plaintiffs upon finding that a prima facie case and balance of convenience existed in their favour, and absent relief, irretrievable prejudice would be caused to them. Ensuring Access to TB drugs: Is Compulsory License the Way? Alencure Biotech Pvt. 10 August, 2021].

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Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. On remand, the Ninth Circuit again says that hiQ is entitled to injunctive relief, because LinkedIn’s claims under the CFAA don’t neutralize hiQ’s colorable tortious interference claims against LinkedIn. Comments from Kieran McCarthy.

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TorrentFreak

NOVEMBER 20, 2023

Conducted by the Culture, Media and Sport Committee, the inquiry invited submissions from stakeholders on numerous topics, including the identification of barriers to maintaining and increasing overseas investment. Once again, the term ‘gold standard’ is used.

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TorrentFreak

JULY 29, 2021

The “repeat infringer” issue remains a hot topic in US courts after rightsholders filed lawsuits against several ISPs. What stands out most are the far-reaching and concrete demands for injunctive relief. The copyright infringement allegations can have real consequences. However, that’s just the beginning.

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SpicyIP

MAY 3, 2023

Pursuing such litigation would be time-consuming, costly and not financially lucrative, as remedies granted in such cases are usually injunctive relief or nominal damages.

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TorrentFreak

DECEMBER 13, 2022

Following an ex parte motion at the Federal Court, on June 28 Justice Vanessa Rochester granted an Interim Order consisting of an interim injunction against the defendants, an Anton Piller order authorizing zero-warning searches and evidence seizures, plus other ancillary orders.

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43(B)log

AUGUST 9, 2021

5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, including for general neuropathic pain (e.g., Scilex was seeking only injunctive relief under the UCL/FAL. Scilex Pharmaceuticals Inc. Sanofi-Aventis U.S.

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SpicyIP

JULY 5, 2021

Topical Highlight. In this post , I write about the need for a renewed emphasis on making education, online or offline, more inclusive in light of the digital divide and widening socio-economic equalities brought into stark relief by the pandemic. Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. June 30, 2021].

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Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

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Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. Plaintiff’s complaint was “sufficient to ‘raise a right to relief above the speculative level on the assumption that the allegations in the complaint are true.’” There have been some noteworthy recent decisions in trade secrets law. Karya Prop.

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Trading Secrets

DECEMBER 21, 2021

TUTSA provides greater scope of injunctive relief to employers in cases of trade secret theft than DTSA but will not enjoin a departing employee from using general knowledge, skill, and experience acquired during the employment relationship.

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LexBlog IP

DECEMBER 21, 2021

TUTSA provides greater scope of injunctive relief to employers in cases of trade secret theft than DTSA but will not enjoin a departing employee from using general knowledge, skill, and experience acquired during the employment relationship.

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Confidentiality Law Contracts Business 52

The IPKat

JANUARY 9, 2022

The panel discussed topics from the perspective of China, Germany, Europe, Japan, and the U.S., Michael Zeitler (Kuhnen & Wacker). Strategies for Patent Cooperation Treaty (PCT) Filings The third session was moderated by Mr. Matthias Reischle-Park (WIPO). Alice Wang (Beijing Guantao Law Firm).

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Technology & Marketing Law Blog

AUGUST 2, 2022

The affirmative defense mitigates civil penalties, but it does not address any other potential remedies created by the bill, including injunctive relief and criminal sanctions. Thus, every quarterly report should come back clean because any potential auditor-censor concerns were resolved beforehand. This bill does the same.

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SpicyIP

JULY 26, 2021

Topical Highlight. In this post , Praharsh discussed the recent Delhi High Court order vacating an ex-parte interim injunction, allowing the SMS Pharmaceuticals to export Merck’s patented anti-diabetic drug ‘Sitagliptin’ for R&D purposes. Thematic Highlight. Pesticide Patents: Not ‘Working’ Out? Other Post.

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LexBlog IP

APRIL 3, 2023

For example, the Court ruled that an injunction may be entered against an standard-compliant product if even a single SEP is found to infringe. There is some dispute about whether an injunction may be entered on an SEP with a FRAND commitment. those who stall licensing negotiations). are finally de4termined.

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SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. The Plaintiff sought a pro-tem order pending an application for injunction. BSA Business Software Alliance Inc.

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SpicyIP

JANUARY 9, 2023

Bombay High Court discusses basics of Acquiescence and Honest and Concurrent use, grants interim injunction against Defendant’s use of the mark ‘Regal’. In an extremely detailed order, Bombay High Court passed an interim injunction restraining the Defendant from using the identical mark “Regal”. Case: Aiwa Co Ltd.

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SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. Cipla had filed for a permanent injunction against Sun Pharmaceuticals for selling deceptively similar goods bearing the mark ‘Respule’. H Lundbeck A/S v.

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SpicyIP

JULY 11, 2021

Topical Highlight. Natco Pharma Limited upheld an interim injunction against defendant, restraining it from using the patented agrochemical ingredients which are used to manufacture pesticides [7 July 2021]. IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division. Other Developments.

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Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. The plaintiffs demand for jury trial, to recover injunctive relief and damages as a result and consequence of defendants’ unlawful conduct. OpenAI INC. et al , No. OpenAI, L.P., OpenAI OpCo, L.L.C.,

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LexBlog IP

NOVEMBER 8, 2023

As addressed in this case, if an application for determination concerns a use that has already been carried out, it would be a final determination, which has to be made by a competent regular court (excluding the procedure of injunctive measures). the award of the equitable remuneration).

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SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co. the licensee.

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LexBlog IP

NOVEMBER 11, 2022

Court of Appeals for the Third Circuit issued yet another opinion taking a narrow approach to a trade secrets claim, affirming the trial court’s decision to deny an injunction against a group of employees. Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal.

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Technology & Marketing Law Blog

JUNE 20, 2023

Barton Beebe’s empirical work on this topic. This case does not decide their rights to use and dispose of those works because Goldsmith does not seek relief as to them. The Court itself has stated several times that an injunction is an equitable remedy that a court may withhold at its discretion. In the first, Sony Corp.

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LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. Judge James Selna issued an injunction restraining the former researcher and his current company from using trade secrets arising from pulse oximetry, which involves measuring oxygen in the blood. In Masimo Corp.

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