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The question of their validity has not been finally decided by the circuit court, and we have not before us even the evidence upon which its preliminary injunction was based.
Since Koh ruled that Samsung did not infringe one Apple design patent upon which the injunction was based in the first place (even though a jury found it did infringe other patents), it seems likely that a ruling favorable to Samsung could be forthcoming.
In the Evancho ruling Monday, the judge's injunction was based on equal protection rather than Title IX.
Collins said the company planned to appeal Judge Larson's ruling and that his injunction was based on bad evidence.
In its ruling, the 9th Circuit found that federal law preempted part of the California statute on which the injunction was based.
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Presenting evidence that falsely represents the appearance of a product — especially when entire injunction is based solely on hardware/design — is incredibly suspect to say the least.
For the lawyers and judges who negotiate them in secrecy, the super injunctions are based on human rights legislation that offers simultaneous protection for privacy and the right to free expression — a balance that is often elusive.
Unlike the Galaxy Tab injunction that was based on an intellectual property right (Community Design 003781832), this smartphone injunction is related to one patent: EP 2059868, related to photo management software.
We are of opinion that no legal rights of respondents were shown to have been invaded or threatened in the complaint upon which the injunction of the Court of Appeals was based.
If the person who posted the supposed injunction-busting tweets is based in the UK, they could be in trouble.
The injunction was issued based on Horizon's misuse of Depomed's confidential information under a pre-existing confidentiality agreement.
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CEO of Professional Science Editing for Scientists @ prosciediting.com