The Prevailing Winds Of Public Interest: Tailoring Injunctive Relief In Patent Litigation Through Carve Outs

Grants of permanent injunctions in U.S. district court patent litigation remain uncommon since the landmark decision in eBay v. MercExchange. LexMachina’s 2021 Patent Litigation Report highlights that courts grant fewer than fifteen permanent injunctions annually in the U.S. One such injunction was recently granted in Siemens Gamesa Renewable Energy A/S, v. General Electric Co. (“Siemens”) by the District of Massachusetts. That case is notable not only because it granted an injunction, but also because it took a novel approach […]

By | Jul 24, 2024 ||

Trademark Enforcement Injunctions In The NFT Landscape

Trademark enforcement best practices in the NFT landscape continue to evolve.

A court in Italy granted an injunction in favor of the Italian soccer team Juventus based on the unauthorized use of its well-known trademarks in the NFT digital landscape. The Italian court addressed a case where a blockchain platform, Blockeras, minted and commercialized collectible cards in the form of NFTs on its “Coin of Champions” NFT collection and “COC” token ecosystem. As explained in […]

By | Jul 22, 2024 ||

Delayed Start Date For The Unified Patent Court And The Unitary Patent

The start of the Unified Patent Court (UPC) has been postponed for two months. Originally slated to open 1 April 2023, the UPC will now commence on 1 June 2023. This delay also applies to the “sunrise” period when patentees can start opting rights out from the jurisdiction of the court and the date when Unitary Patents will start being granted.

The UPC court system is supposed to be fully digital. One of the cornerstones […]

By | Jul 20, 2024 ||