News & Analysis as of

Damages Preliminary Injunctions

Foley & Lardner LLP

Delaware Court Confronts Issue of First Impression: When a Company Attempts to Enforce a Noncompete Seeking Only Damages, Does the...

Foley & Lardner LLP on

In Fortiline, Inc. v. McCall, the plaintiffs sought to enforce a noncompetition agreement against its former employees through a preliminary injunction. The court denied the injunction, holding the noncompetition agreements...more

Ballard Spahr LLP

Government Signals Potential Shift Toward Preliminary Injunctions in Patent Infringement Cases

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In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more

McDonnell Boehnen Hulbert & Berghoff LLP

Government Files Statement in Support of Preliminary Injunction Motion in Radian Memory Systems v. Samsung Electronics

Almost two decades ago, the Supreme Court handed down what has turned out to be one of its most significant patent decisions of this century:  eBay v. MercExchange.  The eBay case has had the effect of precluding prevailing...more

Foley & Lardner LLP

A Shot of Reality: Court Denies Dealer’s Request for Preliminary Injunction to Stop Termination of Dealership Agreement

Foley & Lardner LLP on

A federal court recently denied a dealer’s request for preliminary injunction to halt the termination of a dealership agreement with a manufacturer of liquor control systems. The dealer’s acts and omissions during the...more

Ervin Cohen & Jessup LLP

Major Studios Strike Back: Disney & Universal Sue Midjourney Over AI-Created Characters

On June 11, 2025, Disney (including Lucasfilm, Marvel, and 20th Century Studios) and Universal Pictures (including DreamWorks) filed a Complaint for direct and secondary copyright infringement in the Central District of...more

Carey Olsen

Freezing injunctions in the Cayman Islands

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The Grand Court of the Cayman Islands (“Cayman Court”) can grant a freezing injunction: • in connection with underlying proceedings brought in the Cayman Islands (whether issued or contemplated); or - • in relation to...more

Carey Olsen

Freezing injunctions in Bermuda

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The Bermuda Supreme Court has power to grant a freezing injunction and/or a specific order for the detention, custody or preservation of any property which is the subject of a proprietary claim pursuant to section 19(c) of...more

Vorys, Sater, Seymour and Pease LLP

U.S. Court of Appeals Holds Trial Court Erred in Granting Preliminary Injunction Without Finding Plaintiff Would Suffer...

This past week, in EOG Resources, Inc. v. Lucky Land Management, LLC, 2025 U.S. App. LEXIS 8738, the U.S. Court of Appeals for the Sixth Circuit reversed the decision of the district court granting a preliminary injunction...more

A&O Shearman

AstraZeneca refused interim injunction on SPC for blockbuster diabetes treatment against Glenmark but swiftly obtains permission...

A&O Shearman on

On March 28, 2025, Michael Tappin KC, sitting as a deputy judge of the High Court, refused to grant AstraZeneca (“AZ”) an interim injunction to restrain Glenmark from launching in the U.K. a generic version of its type 2...more

Troutman Pepper Locke

NOT SO FAST . . . South Dakota Seeks to Enjoin House Settlement Approval

Troutman Pepper Locke on

With the final approval hearing for the House settlement before Judge Wilken in the Northern District of California set for April 7, the state of South Dakota has continued its battle to prevent that settlement from getting...more

ArentFox Schiff

Generative AI Meets Generative Litigation: News Corp Continues Its Battle Against Perplexity AI

ArentFox Schiff on

Plaintiffs Dow Jones & Company, Inc., NYP Holdings, Inc., and corporate parent News Corporation have renewed their intellectual property (IP) complaint against artificial intelligence (AI)-powered “answer engine” Perplexity...more

Proskauer - Corporate Defense and Disputes

Eleventh Circuit Invalidates Contest Providing Venture-Capital Funding for Black Women

The U.S. Court of Appeals for the Eleventh Circuit held that a contest providing venture-capital funding only to Black female applicants is substantially likely to violate section 1981 of the Civil Rights Act of 1866, which...more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

Lewitt Hackman

Franchisee 101: Blurry Choice of Remedies

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A Texas federal court denied a franchisor’s request to enjoin operations of a former franchisee’s competing optical retail stores for failure to establish likelihood of success on a claim of trade dress infringement. The...more

McDermott Will & Emery

Preliminary Injunction, Meet Irreparable Harm

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit, in a case where an ex-employer sought preliminary injunctive relief based on an alleged breach of non-disclosure and non-compete agreements and alleged misappropriation of...more

Foley & Lardner LLP

Real Estate Case Serves as a Reminder About Adherence to the Terms of a Franchise Agreement—Until a Court Permits Otherwise

Foley & Lardner LLP on

In Integrity Real Estate Consultants v. Re/Max of New York, Inc., a franchisee, Integrity Real Estate Consultants (“Integrity”), sued a real estate service provider franchisor, Re/Max of New York, Inc. (“Re/Max”), in New York...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2022

The Federal Circuit issued numerous precedential opinions last week, two of which answered long simmering questions about inter partes reviews (IPRs). Below we discuss a case addressing whether admissions of prior art in the...more

Jaburg Wilk

Your Arizona Employer Has Sued You for Soliciting Its Customers and Employees, Now What?

Jaburg Wilk on

An employer may request that an employee sign a non-solicitation agreement. When the employment ends, the trouble sometimes begins. If you are an Arizona employee and your former employer has sent a demand letter, threatened...more

Butler Weihmuller Katz Craig LLP

One Step Forward, Two Steps Back: Roofers, Insurance And Commercial Speech

On July 11, 2021 Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida entered an order enjoining the Secretary of the Florida Department of Business and Professional Regulation from taking...more

McDermott Will & Emery

CJEU Rules on Damages for Unjustified Preliminary Injunctions in “Launch at Risk” Cases

McDermott Will & Emery on

The Court of Justice of the European Union (CJEU) recently handed down its judgment in a case concerning the circumstances under which an intellectual property (IP) right holder is liable for damages caused by a preliminary...more

Farrell Fritz, P.C.

Dissension Follows When Business Owners Don’t Put Their IP House in Order

Farrell Fritz, P.C. on

When you think about protecting a business firm’s intellectual property (IP), usually you think about protecting it from infringement by external actors. But there also are internal threats — even mortal ones — to the...more

Patterson Belknap Webb & Tyler LLP

Corporation Denied Motion to Enjoin Arbitration against its Alleged Alter Ego

In Royal Wine Corp. v. Cognac Ferrand SAS, Justice Andrea Masley of the Commercial Division denied Plaintiff Royal Wine Corporation’s (“Royal”) motion for a preliminary injunction to enjoin arbitration that defendant Cognac...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Knobbe Martens

Hartmann Plant Company Ordered to Stop Selling Infringing Blueberry Plant Varieties after Admitting to Willfully Infringing...

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Patent Judgments & Awards - Univ. of Fla. Bd. of Trustees v. Hartmann’s Plant Co., No. 1:16-CV-00027-MW-GRJ (N.D. Fla.) - The University of Florida obtained patents covering new varieties of blueberry plants that can be...more

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