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16 Jul 2022, 11:16 pm
Instead of terminating his analysis of whether a PI should be available if Ericsson prevailed on the technical merits after finding that the balance of hardships tips in Apple's favor if an injunction had to be enforced, he should have asked himself--and Apple--a very simple question:Why shouldn't Apple have to take reasonable steps to render such enforcement unnecessary in the first place? [read post]
13 Apr 2017, 9:49 am
That has nothing to do with the merits; we'll cross that bridge if and when we get there. [read post]
27 Mar 2018, 9:13 am
In spite of Extreme’s history of failing to comply with all kinds of deadlines, and the insufficiency of many of their arguments on motion, SCOV holds that this case should be decided on the merits, and not by default (courts in general strongly prefer settling case on their merits). [read post]
Samsung argues Apple still can't tie patented features to lost sales, latest bid for ban should fail
22 Dec 2014, 5:30 am
Also, the appeals court expressed serious doubt about the underlying merits. [read post]
21 Dec 2015, 11:36 am
This generally can’t happen before trial, in a preliminary injunction based on mere “likelihood of success on the merits. [read post]
17 Jan 2014, 1:26 pm
The court held that district courts should consider the totality of the circumstances, especially the objective merits of the case. [read post]
Guest Post: Eye witness account of India's first compulsory license appeal before the IPAB [Part II]
8 Mar 2013, 2:47 am
To see our extensive coverage on India's first CL, please click here. [read post]
3 May 2013, 10:22 pm
Many thanks to Polina Pavlova for sharing her comments on this recent ECJ ruling, first in our (MPI) weekly Referentenrunde and now here. [read post]
25 Aug 2021, 8:55 am
Previously, the court denied First Databank’s anti-SLAPP motion because Alfasigma had shown a reasonable probability of success on the merits of its state law claims, but had not plausibly alleged that the coding changes were made for the purpose of influencing subscribers to purchase First Databank’s own products or services, as required under the Lanham Act. [read post]
13 Apr 2015, 12:55 pm
Added to that were the three totally without merit applications that Mostyn J himself dismissed. [read post]
26 May 2010, 4:06 pm
The District Court assessed her motion under the Fourth Circuit Court of Appeal’s three-step framework, the first step of which is to consider whether the fee claimant is a “prevailing party. [read post]
11 Dec 2017, 7:44 am
Trump, Jr. first said the meeting pertained to adoption of Russian children. [read post]
3 Mar 2014, 2:34 pm
The Art. 8 complaint fell at the first hurdle. [read post]
3 Mar 2014, 2:34 pm
The Art. 8 complaint fell at the first hurdle. [read post]
11 Dec 2017, 7:44 am
Trump, Jr. first said the meeting pertained to adoption of Russian children. [read post]
11 Jul 2011, 9:36 pm
And, even though the District Court and the Circuit Court panel did not decide the legal equality claim, the en banc Court rejected it on the merits — again, by a 9-7 vote. [read post]
13 Aug 2014, 1:00 pm
First, whether classwide arbitration is available is a “question of arbitrability” presumptively for the district court. [read post]
25 Jun 2017, 6:00 am
So while Greg’s contention that a fair trial for a defendant, even if he happens to be a cop, is a good thing, has merit, it’s not the sort of merit that benefits any other defendant. [read post]
5 Mar 2010, 6:20 pm
The common law and First Amendment right of access to court documents exists for the public -- not the parties or the court. [read post]
19 Aug 2011, 3:46 pm
Even if the injunction restricted only speech that allegedly fell into a First Amendment exception (such as libel or threats or obscenity), such an injunction would almost never be constitutional unless it was issued following a final decision on the merits that the speech indeed falls into a First Amendment exception — and there was no final decision on the merits here: This is a preliminary injunction issued at an ex parte hearing at which defendant… [read post]
