The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today issued a precedential decision holding that the U.S. District Court for the District of Delaware improperly denied Nippon Shinyaku Co., Ltd.’s motion for a preliminary injunction in the court’s misreading of the plain language of a contract’s forum selection clause. The CAFC consequently reversed the decision and remanded for entry of a preliminary injunction (PI) enjoining Sarepta Therapeutics, Inc. from proceeding with its seven inter partes review petitions (IPRs) against Nippon Shinyaku and requiring that Sarepta withdraw the petitions.
Litigation
- Recapping Abitron at the High Court: The Long Arm of the…Lanham Act?
- Why the Supreme Court Should Weigh in on CMI Violations Under the DMCA
- Precooked Bacon, Artificial Intelligence Patents, and a Defense of the Common Law
- SCOTUS Kills Hope for Eligibility Certainty and Nixes Teva’s ‘Skinny Label’ Appeal
- Newman Says Moore’s Order Alleging She is Unfit for Court is ‘Riddled with Errors’
Recent Posts
- Understanding IP Matters: AI Bots, Creators, and Copyright — Learning to Live Together
- Clause 8: Joff Wild on Founding IAM for Chief IP Officers and EU Commission’s Anti-SEP Crusade
- UKIPO Issues New Trademark Guidance on NFTs, the Metaverse and Virtual Goods
- Other Barks & Bites for Friday, May 26: USPTO Proposes Track Three Pilot Program for Micro Entity Patent Applicants; LeBron James Joins Taco Tuesday Trademark Battle; European Commission Releases List of Countries with Concerning IP Rights Protections
- Former Copyright Office GC Tells House IP Subcommittee His Counterpart Got It Wrong on AI Fair Use