KEI-Sen-Coons-injunctions-strongpatentsact-11Sept2019 September 11, 2019 The Honorable Senator Christopher Coons 218 Russell Senate Office Building Washington, DC 20510 Dear Senator Coons: Knowledge Ecology International (KEI) is a public interest group based in Washington, DC. KEI focuses on policies relating to the… Continue Reading
Selected cases where infringement exists, but a federal judge permits ongoing infringement. 2006. June 14: z4 Techs., Inc. v. Microsoft Corp., 434 F. Supp. 2d 437, 439 (E.D. Tex. 2006) Patents 6,044,471 and 6,785,825 disclose methods for limiting the unauthorized… Continue Reading
The text of the proposed new U.S.-Canada-Mexico trade agreement is out, and available here from USTR. The agreement includes 34 chapters, 11 agreement annexes and 12 side letters. This is the first time the public has seen the text, even… Continue Reading
Cases where a federal court in the United States determine there is infringement, but denies a permanent injunction. Revised, March 21, 2019 (All of the cases except for Cardiaq Valve Technologies involve patent infringement. The Cardiaq Value case involve trade… Continue Reading
Cases 2017 Kaneka Corp. v. SKC Kolon PI, Inc., No. EDCV113397JGBRZX, 2017 WL 6343537 (C.D. Cal. Dec 8, 2017). Infringement case involving patents for polyimide films; motion for permanent injunction denied. Amgen Inc. v. Sanofi, 872 F.3d 1367 (Fed. Cir.… Continue Reading
https://www.keionline.org/?s=injunction Selected U.S. Patent Injunction Cases 2017. Wisconsin Alumni Research Foundation v. APPLE, INC., Dist. Court, WD Wisconsin 2017 At the end of the day, the court concludes that WARF has not met its burden of demonstrating irreparable harm, and… Continue Reading
The US Copyright Office has proposed limitations on damages and injunctions, when “orphan” copyrighted works are infringed. Continue Reading
Introduction
This note looks at the TPP, ACTA and TRIPS provisions on injunctions, and finds the TPP text unclear, as regards the possibility of exceptions to the obligation to make injunctions available in cases in of infringements. We have asked USTR and USPTO to clarify this issue.
Discussion
The TRIPS text on injunctions reads as follows:
Section 2: civil and administrative procedures and remedies
Article 44 – Injunctions.ACTA is not consistent with US laws on injunctions and damages
Two areas where ACTA is inconsistent with US law, injunctions and damages
KEI Policy Brief, 2011:2
30 September 2011, revised 3 October 2011
James Love and Krista Cox
As the U.S. is reportedly about to sign ACTA, we wanted to point out two important areas where ACTA is not consistent with U.S. law. These are the sections of ACTA dealing with injunctions and damages. Below we have included the text from ACTA and the WTO TRIPS agreement on these two topics.
ACTA’s Article 2.X on Injunctions: the July 1, 2010 text
From the July 1, 2010 text of ACTA:
Article 2.X Injunctions