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Permanent Injunctions in Patent Cases: Generating Evidentiary Support
The Supreme Court recently changed the longstanding rules for obtaining a permanent injunction in patent infringement cases. eBay Inc. v. MercExchange LLC, 126 S.Ct. 1837 (2006). Prior to the Supreme Court's ruling in eBay, it was generally accepted that a successful plaintiff in a patent infringement trial was entitled to a permanent injunction virtually automatically. The Federal Circuit's rule was 'courts will issue permanent injunctions against patent infringement absent exceptional circumstances.' The few exceptions to this rule were generally limited to situations where public health would be affected by enjoining the infringer.
In the eBay decision, the Supreme Court rejected the Federal Circuit's general rule that permanent injunctions will issue automatically. Now, a successful plaintiff must satisfy the traditional four-factor test before a permanent injunction will be entered. The four factors that the plaintiff must satisfy are:
- That it has suffered an irreparable injury;
- That remedies available at law, such as monetary damages, are inadequate to compensate for that injury;
- That, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and
- That the public interest would not be disserved by a permanent injunction.
See eBay Inc. v. MercExchange LLC, 126 S.Ct. 1837.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.