Search for: "Application of American Cyanamid Company" Results 1 - 20 of 35
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17 Aug 2023, 6:37 am by Annsley Merelle Ward
  As such, under the third limb of American Cyanamid, the application for a continuing broader injunction failed. [read post]
  The UK court assesses PIs by asking three (or four depending how you break them down) questions (arising from American Cyanamid): (1) is there a serious issue to be tried / is there an arguable case? [read post]
5 Apr 2023, 5:18 am by Annsley Merelle Ward
However, the Supreme Court noted that there is a point of law of public general importance touching on the question of whether the four-stage test for PIs outlined in American Cyanamid should be applied in a rigid and strictly sequential manner or whether a more overarching and flexible approach would be more appropriate. [read post]
8 Aug 2020, 11:42 am by Alex Woolgar
  InjunctionGiven that the court had already concluded that there is a serious issue to be tried, the only remaining elements of the American Cyanamid test were: (i) would damages be an adequate remedy; and (ii) where lies the balance of convenience? [read post]
26 Jun 2020, 2:53 am by Léon Dijkman
The High Court recalled that such claims are to be assessed under the four stages laid down in American Cyanamid [here]: Stage 1: Is there a serious question to be tried? [read post]
Marcus Smith J’s analysis began with a condensed summary of American Cyanamid, noting that each of the stages is a gate to be passed through and that should the applicant fail at any stage, an injunction should be refused. [read post]
8 Jan 2020, 10:03 pm
American Cyanamid (cited by the applicant), because that case concerned the arrangement, selection, and coordination of particular data rather than a general interface for all relevant data. [read post]
22 Mar 2018, 2:06 am
  This must be on the assumption that the defendant is good for the damages: See American Cyanamid at page 408. [read post]
4 Jan 2017, 10:06 am
Fast food companies are listening and encouraging chicken farms to do the same. [read post]
10 Dec 2016, 11:31 am by Lawrence B. Ebert
American Cyanamid,774 F.2d 448 (CAFC 1985) Judge Giles Rich wrote:The issue of obviousness is determined entirely with reference to a hypothetical "person having ordinary skill in the art. [read post]
5 Jun 2016, 11:05 pm
 The American Cyanamid principles also apply (i.e. serious question to be tried, adequacy of damages, balance of convenience and whether the status quo should be maintained).The decisionThe judge found that the balance of convenience favored granting the interim relief. [read post]
13 May 2016, 4:27 pm by INFORRM
The first application was an application by two individual claimants and their travel company, Power Places Tours Inc., to enforce the terms of a settlement agreement against a defendant to an existing action in defamation and harassment. [read post]
9 Apr 2015, 12:26 am
 He understands that a court may apply American Cyanamid principles and order an infringer to stop infringing -- but can they be stretched far enough to cover what Actial really wants, which is a resumption of the supply of the trade mark-protected product? [read post]
6 Nov 2014, 7:30 am
The balance of justice favoured the grant of an injunction.At different times, interim injunctions have been easier and more difficult to obtain, creating an aura of uncertainty about the application of American Cyanamid -- the fortunes of which have also waxed and waned. [read post]
19 Sep 2013, 9:53 am by Bexis
  By itself, off-label promotion is no more causal than, as we commented the other day, a “video of a company employee kicking his dog. [read post]