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Preliminary Injunctions in Patent Litigation
Motions for preliminary injunctions have become effective weapons in patent infringement litigation. One of the most important benefits to a patentee is quick relief, since a motion for preliminary injunction may be heard within weeks after a patent lawsuit is filed. Preliminary injunctions may also promote settlement, since if the injunction is granted, the effect can be devastating to a defendant. If the accused device or method is a central part of the defendant's business, an injunction may ruin the defendant financially. On the other hand, if the motion for preliminary injunction fails, a defendant may be much less willing to settle, since the defendant's invalidity and/or non-infringement positions may have been bolstered by denial of the preliminary injunction, not to mention the fact that the defendant's success was likely obtained at significant expense.
Indeed, the expense associated with a preliminary injunction can be considerable, depending on the local rules of the court. For example, in H.H. Robertson, the court conducted a 4-day mini-trial that included testimony of witnesses, briefings and arguments. H.H. Robertson Co. v. United Steel Deck, Inc., 820 F.2d 384 (Fed. Cir. 1987). Similarly, in Hybritech, the court permitted limited discovery in preparation for a 2-day hearing with briefing and argument. Hybritech, Inc. v. Abbott Laboratories, 849 F.2d 1446 (Fed. Cir. 1988). However, in some courts, preliminary injunction hearings are limited to argument on the briefs, declarations and affidavits. No live testimony is permitted. See, e.g., Local Rules of N.D. Cal. It is therefore important to consult both local rules of court as well as local counsel before deciding to seek a preliminary injunction.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.