Download or read book Injunctive Relief written by Kirstin Stoll-DeBell and published by American Bar Association. This book was released on 2009 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Download or read book Patent Challenges for Standard Setting in the Global Economy written by National Research Council and published by National Academies Press. This book was released on 2013-10-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.
Download or read book Injunctive Relief and International Arbitration written by Hakeem Seriki and published by CRC Press. This book was released on 2014-07-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.
Download or read book Injunctions in Patent Law written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2022-05-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Download or read book Moving for Injunctive Relief written by Merriann M. Panarella and published by . This book was released on 1995-11 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handling the Business Emergency written by Thomas E. Patterson and published by American Bar Association. This book was released on 2009 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Treatise on the Law Governing Injunctions written by Thomas Carl Spelling and published by . This book was released on 1926 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Damages Injunctive Relief and Other Remedies in Tort and Free Speech Cases written by Russell L. Weaver and published by Cambridge Scholars Publishing. This book was released on 2023-11-21 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a variety of important issues that arise in tort and free speech cases, including asset freezing orders, non-pecuniary damages in financial services cases, the illegality defense in restitution cases, contributory negligence and the avoidable loss rule, whether robotic speech should be protected like other speech, fact-checking remedies and disinformation, the right of reply in media regulation, the right to be secure and free speech, and social media platform censorship.
Download or read book Injunctions in a Nutshell written by John F. Dobbyn and published by . This book was released on 1974 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction; Persons Bound; Privity; Aiders & Abettors; Successors; Equity Jurisdiction; Adequate Remedy at Law; Standing; Discretion; Criminal Act; Property Rights; Civil Rights; Privacy; Libel; Useless Act; Unenforceable Order; Vagueness of Order; Clean Hands; Aids the Vigilant; Abstention; Balancing the Equities; Prospective Harm; Public Interest; Temporary Restraining Order; Preliminary Injunction; Mandatory v. Prohibitory; Conditions; Bond; Modifying and Vacating; Appeal; Res Judicata; Comity; Extraterritorial Effect; Enforcement; Contempt.
Download or read book Equitable Remedies Restitution and Damages written by Candace S. Kovacic-Fleischer and published by West Academic Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of: Cases and materials on equitable remedies, restitution, and damages / by Robert N. Leavell. ... [et al.]. 7th ed. c2005.
Download or read book Patent Law Injunctions written by Rafał Sikorski and published by Kluwer Law International B.V.. This book was released on 2018-11-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
Download or read book Prospective Injunctive Relief and Class Action Settlements written by Erin L. Sheley and published by . This book was released on 2016 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite much controversy and criticism, the class action is alive and well. In particular, the injunctive remedy, requiring the defendant to change some aspect of its business practice, has become a common feature of class action settlements. This article explores a taxonomically distinct remedial category of injunction that has, as of yet, not generally been considered by courts and scholars as such: the prospective injunctive remedy. We demonstrate how the prospective injunctive remedy operates and argue that, in light of the special policy and legal problems it creates, courts should observe a presumption against approving settlements that contain provisions for prospective injunctive relief. In Part I we show how the parties to a class action have, in general, no incentive to benefit either absent class members or society at large and therefore require courts to police them to ensure justice. In Part II we describe the public law underpinnings of prospective injunctive relief and provide three case studies of consumer class actions that demonstrate how and why courts fail to accurately police this relief in the private law context. We compare the approved relief in these cases to the regulatory regimes they disrupt to argue that courts in this way allow class action litigation to produce bad public policy. In Part III we explore the ways in which these prospective remedies likewise produce bad law: namely, through the inappropriate creation of regulatory preemption and the potential violations of attorney-client fiduciary duty, the adequacy requirement of Rule 23(a)(4), and constitutional standing requirements. In Part IV we consider counterarguments and in Part V we conclude.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Injunctions written by Owen M. Fiss and published by . This book was released on 1984 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Injunctions and Restraining Orders in Ohio 2020 Edition written by Daniel J Donnellon and published by . This book was released on 2020-06-27 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: INJUNCTIONS and Restraining Orders in Ohio A guide to relief under Ohio Civil Rule 65 and Related Statutes 2020 Edition This legal text guides both attorneys and judges who may find themselves in somewhat uncharted waters when facing issues relating to temporary restraining orders and preliminary/permanent injunctive relief. The author, Dan Donnellon, has been described as the "guru of Injunctions in Ohio" and frequently lectures at Continuing Judicial Education on this extraordinary remedy. The Twenty-Three Chapter book is based upon over three decades of doing primarily business litigation with a focus on cases involving such extraordinary relief. It also includes a Frequently Asked Questions Chapter for the issues that plague new, and even experienced, judges called upon to decide such cases.
Download or read book The Death of the Irreparable Injury Rule written by Douglas Laycock and published by Oxford University Press, USA. This book was released on 1991 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
