Recent Articles

Our First Post About An Injunction Issued In Another Country

Tom Patterson
September 05, 2011 17:10

Apple versus Samsung.  Samsung unveiled its new Galaxy Tab 7.7, a new Android tablet, but had to remove it from a convention show and from its German website after a court in Germany issued an injunction against Samsung and in favor of Apple.  Very brief details were contained in the...

Re:Exactly Which Trade Secrets Am I Enjoined From Using?

Tom Patterson
August 17, 2011 18:35

In an excellent blog post, attorney Michael R. Greco refers to case IDG USA v. Kevin Schupp and the need to be specific when requesting an injunction and when drafting an order. This often presents a quandary in trade secret litigation because a detailed description reveals the trade secret you...

Patent litigators: if you need a preliminary injunction, where you file your case matters.

Tom Patterson
August 14, 2011 22:08

LegalMetric Research reports that success rates on contested preliminary injunction motions in patent cases is 30% nationwide.  But the success rate varies by district.  California Central’s win rate is 38% and New Jersey’s win rate is 40%.  Here is the link to...

Turning Defeat Into Victory

Tom Patterson
June 29, 2011 20:24

The owner of a computer school that suffered a crippling burglary of high-tech equipment came to us after losing a trial--while he was represented by a different lawyer--against his insurance company. He had immediately sought compensation from his insurance company in order to resume operations...

Turning Defeat Into Victory

Tom Patterson
June 29, 2011 20:24

The owner of a computer school that suffered a crippling burglary of high-tech equipment came to us after losing a trial--while he was represented by a different lawyer--against his insurance company. He had immediately sought compensation from his insurance company in order to resume operations...

Amylin Pharm. v. Eli Lilly Part II

Tom Patterson
June 23, 2011 14:33

 This is Part II of a post on the Amylin v. Eil Lilly Litigation.  For background on the case and to read about the original TRO see Part I of the post.   Denial of Preliminary Injunction After granting the temporary restraining order, the parties further briefed the matter and a...

Amylin Pharm. v. Eli Lilly Part I

Tom Patterson
June 22, 2011 14:29

By Jay Lewis  Amylin Pharmaceuticals, Inc. v. Eli Lilly and Company, Case No. 11-CV-1061 JLS (NLS) (S.D. Cal. June 8, 2011) Background Amylin Pharmaceuticals (“Amylin”) and Eli Lilly (“Defendant”) entered into a business relationship in 2002 to develop and commercialize...

Emergency Litigation Wrap-up

Tom Patterson
June 20, 2011 14:40

 by Jay Lewis The following are links to several current emergency litigation matters: Apple escalates patent war claiming Samsung is slavishly copying Apple's products.  Apple claims Samsung is violating iPad and iPhone hardware and software patents. Court of Appeals in...

7th Circuit Preliminary Injunction to Enforce Right of First Refusal Part II

Tom Patterson
June 13, 2011 14:27

By Jay Lewis Hold-Separate Conditions In order to maintain Roche’s rights, the lower Court set forth conditions for MAS and Alere’s sale to move forward.  The hold-separate portion of the order contained the following: MAS survives the merger in its current form as an...

7th Circuit Preliminary Injunction to Enforce Right of First Refusal Part I

Tom Patterson
June 10, 2011 14:10

By Jay Lewis  Roche Diagnostics Corporation v. Medical Automation Systems, Inc; Gregory A. Menke; and Kurt M. Wassenar, Case No. 11-1446 (7th Cir. May 24, 2011) Facts Roche Diagnostics (Roche) is a glucose monitor manufacturer.  Medical Automation Systems (MAS) is a software...