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Results: 1-10 of 137

Federal Circuit clarifies permanent injunction standard

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 20 2011

The Federal Circuit Court of Appeals has clarified that, while a judgment of patent infringement and validity does not constitute a presumption of irreparable harm “as it applies to determining the appropriateness of injunctive relief,” the judgment should not be ignored by the court when weighing the equities involved in deciding whether to impose a permanent injunction

Biopharma co. seeks $90 million for tainted raw material from China

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 3 2012

A biopharmaceutical company has sued companies in its supply chain, alleging they were negligent or vicariously liable for obtaining from China a raw material, contaminated with beef broth and avian products, for use in the creation of a bacterial master cell bank for the production of a biologic drug that will be used in patients with acute spinal cord injury

U.S. Supreme Court allows application of first-sale doctrine to books published abroad

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 21 2013

The U.S. Supreme Court has determined that a Thai student who came to the United States to study mathematics at Cornell University and earned money

Court dismisses fraud claims against investors who sued biotech startup

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 7 2011

A federal court in California has granted in part the motion that two biotech startup investors filed under the state's anti-SLAPP (strategic lawsuit against public participation) law to dismiss the company's counterclaims against them

Federal Circuit explores when litigation is “reasonably foreseeable” for spoliation purposes

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 19 2011

The Federal Circuit Court of Appeals has issued rulings in companion patent-infringement cases involving the alleged spoliation of documents; at issue was a determination as to when litigation is "reasonably foreseeable," thus triggering a document-preservation duty

Violations of discovery orders result in default judgment, monetary sanctions, potential discipline

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 18 2011

A federal court in Texas has imposed severe sanctions in a patent infringement lawsuit, due to repeated violations of its discovery orders and the creation of a fraudulent discovery-related document; a default judgment has been entered against the violator, and information about the document has been forwarded to alert the district’s chief judge “of the need to potentially take disciplinary measures” against counsel

Fourth Circuit joins others to adopt predicate-act doctrine for foreign copyright infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 21 2012

The Fourth Circuit Court of Appeals has adopted the predicate-act doctrine “which posits that a plaintiff may collect damages from foreign violations of the Copyright Act so long as the foreign conduct stems from a domestic infringement.”

French company prevails in dispute with FDA over drug-classification ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

A federal court in the District of Columbia has determined that the Food and Drug Administration (FDA) erred when it classified a combination drug-device product as primarily a drug, thus subjecting its French manufacturer to more burdensome regulatory requirements

House bill would impose litigation costs on losing non-practicing entities

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 7 2013

U.S. Reps. Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) have introduced legislation (H.R. 845) that would create a "loser pays" system in

Federal Circuit finds no limitation on new evidence in civil patent actions filed in district court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 18 2010

A divided en banc Federal Circuit Court of Appeals has determined that patent applicants who are dissatisfied with a Board of Patent Appeals (Board) determination and decide to pursue their claims in federal court under 35 U.S.C. 145, face no limitations on the right to introduce new evidence other than those pertaining to all civil actions under federal evidentiary and procedural rules