Tag Archives: Injunctions

Conference Report: Should we say "no" to automatic injunctions and "yes" to proportionate remedies?

The AmeriKat mentioned a few days ago that she was unable to get to a conference in Germany that was devoted to debating the enforcement of patents.  That conference entitled "Enforcing Patents Smoothly: From Automatic Injunctions to Proportionate Remedies" was … Continue reading

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Days of automatic German patent injunctions may be numbered: key meeting in Federal Ministry of Justice on May 20

In the post-eBay v. MercExchange era, patent holders seeking rapid injunctive relief basically have two choices: the USITC (provided that the accused products are imported into the U.S. and that the domestic industry requirement can be met) and Germany. And … Continue reading

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Arbitration, Anti-suit Injunctions and the Brussels Regulation: Case C-

Well, it has happened, as feared. The Court of Justice has handed down its judgment in Case C-185/07 West Tankers and the result is as expected. Remember ? It is that case about anti-suit injunctions issued to protect an arbitration… … Continue reading

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Anti-arbitration Injunctions in International Investment Arbitration: An Indian Overview

[Anujay Shrivastava and Anubhav Khamroi are both 4th Year B.A., LL.B. (Hons.) Students at Jindal Global Law School, Sonipat] Introduction The jurisprudence concerning anti-arbitration injunctions is yet to fully develop in India. Anti-arbitration injunctions must be distinguished from the more … Continue reading

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Preclusion Law as a Model for National Injunctions

Alan M. Trammell, Demystifying Nationwide Injunctions (Nov. 26, 2018), available at SSRN. Suzette M. Malveaux One of the hottest topics on the current legal landscape is the propriety of national injunctions. Federal district court judges are increasingly enjoining the federal … Continue reading

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