Law Advice

NEW YORK – Chevron Corp.’s Jan. 5 emergency motion in the Second Circuit U.S. Court of Appeals for relief from a September order lifting an injunction to prevent the enforcement of the $ 18 billion judgment against it entered in a Lago Agrio, Ecuador, court was denied Jan. 19 (Chevron Corp. v. Hugo Gerardo Camacho [...]

CHARLOTTE, N.C. – In a Ponzi scheme case, a federal judge in North Carolina on Jan. 11 granted the U.S. Commodity Futures Trading Commission’s (CFTC) request for a permanent injunction, restitution and a civil monetary penalty against the defendants and a request for disgorgement against the relief defendants (U.S. Commodity Futures Trading Commission v. Capitalstreet [...]

WASHINGTON, D.C. – A Nebraska federal judge did not err in refusing to consider the validity of certain unasserted patent claims or in denying written description and enablement defenses raised in response to those claims, the Federal Circuit U.S. Court of Appeals ruled Jan. 10 (Streck Inc. v. Research & Diagnostic Systems Inc., No. 11-1044, [...]

Fox News Appeals Court Upholds Injunction Against Okla. Sharia Law AmendmentThe New AmericanThe US Court of Appeals for the Tenth Circuit on Tuesday unanimously upheld a lower court ruling enjoining the enforcement of an amendment to the Oklahoma state constitution that barred state courts from taking Sharia law into consideration when …Sharia law ban: Is [...]

A recent split decision by the Federal Circuit illustrates the divisions in the court over the standards for preliminary injunctions as well as for patent invalidity based on obviousness. The case concerns a patent for methods for preparing frozen samples of a type of liver cell used for evaluating potential drugs. View full post on [...]

ATLANTA – Finding that a licensing agent insured’s “first-filed” lawsuit should proceed, a Georgia federal judge on Jan. 4 granted its motion for injunction and ordered four insurers to dismiss complaints for intervention filed in a California federal court (Collegiate Licensing Company v. American Casualty Co. of Reading, Pennsylvania et al., No. 11-03432, N.D. Ga.). [...]

HOUSTON – A federal judge in Texas on Jan. 3 granted an amended temporary injunction against a defendant that defaulted on a $ 15 million loan and imposed a constructive trust on property related to the loan (Amegy National Bank v. Monarch Flight Inc., et al., No. 11-3218, S.D. Texas; 2012 U.S. Dist. LEXIS 101). [...]

Many practitioners felt that the U.S. Supreme Court’s eBay v. MercExchange ruling effectively decommissioned the permanent injunction, which was once one of the most powerful weapons in a patent case. But several federal judges have recently handed out injunctions. View full post on Law.com – Newswire

BOSTON – A Puerto Rico federal judge did not err in concluding that a plaintiff assigned its rights to a trademark in perpetuity, the First Circuit U.S. Court of Appeals ruled Dec. 20 (Walter Mercado-Salinas v. Bart Enterprises Inc., No. 10-2359, 1st Cir.). View full post on LexisNexis® Mealey’s™ Daily Legal News

ATLANTA – A trademark infringement defendant failed to persuade the 11th Circuit U.S. Court of Appeals that the trademark in question not protectable; the appellate panel on Dec. 15 upheld a grant of summary judgment in favor of the plaintiff (The Flag Company Inc. v. Steven A. Chan, No. 11-10429, 11th Cir.; 2011 U.S. App. [...]