Appeals, Patent Litigation, Irreparable Harm

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

McDermott Will & Schulte on 7/24/2025

The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more

Third Quarter 2024 Federal Circuit Law Update

Baker Botts L.L.P. on 10/7/2024

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

Lost Connection: Preliminary Injunction Against Unreleased Product Is a No-Go

McDermott Will & Schulte on 2/16/2024

Addressing a preliminary injunction motion directed to a competitor’s yet-to-be-released product, the US Court of Appeals for the Federal Circuit determined that the district court did not abuse its discretion in finding that...more

Last Week in the Federal Circuit (October 19-23): Still More Axes to Grind in American Axle

Morrison & Foerster LLP - Federal Circuitry on 10/27/2020

Last week we discussed the first Federal Circuit case added to the Supreme Court’s docket this Term, and we wondered when we’d have the opportunity to discuss whatever cases might be next in the pipeline. Lucky for us, that...more

American Axle & Manufacturing, Inc. v. Neapco Holdings LLC (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on 10/27/2020

Federal Circuit Refuses to Issue Stay in Mandate Pending Certiorari Decision - One of the most interesting (albeit troubling) decisions by the Federal Circuit in the past year or so was its decisions, by a panel and then...more

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

McDonnell Boehnen Hulbert & Berghoff LLP on 8/24/2020

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

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

Knobbe Martens on 8/7/2020

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

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

Smart & Biggar on 1/30/2019

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

Fresh From the Bench: Latest Federal Circuit Court Cases

Schwabe, Williamson & Wyatt PC on 5/8/2018

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

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

Mintz - Intellectual Property Viewpoints on 11/9/2017

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

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

Schwabe, Williamson & Wyatt PC on 7/18/2017

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

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