Weekly Reports

Most all injunction stories below have been or will  also be reported on Twitter via @WesFewSC, so you can have receive content with a follow.

Below are links to injunction stories of interest, which for now, are reported without any great amount of analysis of the law or policy implications.  If you have an interest in, insight of, or wish to call attention to any of these stories as worthy of a Blog Post, please let us know by commenting or an email as requested below.

Week of Sept. 2, 2012:

20 YEAR PRODUCT INJUNCTION:  Following a $919 million jury verdict last September, a recent order from The Court of Appeals for the Fourth Circuit awarded DuPont a perhaps unprecedented 20 year product injunction against Kolon Industries over Kevlar products.   The verdict and the outcome were, arguably, attributed to an e-discovery order providing for an adverse inference jury charge against Kolon relating to evidence showing that approximately 18,000 files and emails were deleted after a litigation hold was put in place related to the DuPont lawsuit.

Week of July 23, 2012:

8th Circuit vacates injunction order prohibiting abortion providers from advising of alleged abortion / suicide risk / link as required by the South Dakota law.  The S.D. statute requires doctors to warn patients of an allegedly statistically significant increased risk of suicide for women who have abortions.  Planned Parenthood argued there was no scientific link between any statistical correlation, stating in response to the decision, “[t]his ruling by the 8th Circuit Court represents the greatest intrusion by the government into the patient-doctor relationship to date.”

Week of July 16, 2012:

De Facto injunction issued in Ontario (Crownlands, Pekagoning Lake to White Otter Lake) preventing author from catching walleyes.  Alas, smally and pike bite was nice, real nice.

Week of July 9, 2012:

First Circuit order overturns part of Apple’s injunction versus Samsung Galaxy Nexus.  The Galaxy Tab 10.1 remains banned for now.  Google, which makes Androip o/s used on these smartphones is modifying its Jelly Bean and Ice Cream Sandwich software to avoid infringement.  Some commentators claim Google is dumbing down its functionality to avoid infringement.  Apparently, the issue is Apple’s ownership of a combined web and phone based search function.

Week of July 2, 2012:

Goldwater Institute files second lawsuit seeking injunction to prevent union members’ “release time” as violation of Arizona Constitution “Gift” clause.  The comments to the article linked above under “lawsuit” show a vigorous debate of policy issues, politics, efficiency, and motivations of the parties.

Samsung appeals and seeks stay of Apple’s injunction order on Galaxy smartphones.  Curiously, Samsung argues its smartphone is not in direct competition with Apple’s iPhone, stating, “The Court’s finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors.”

Sarah Coffey blogs on Eleventh Circuit’s rejection of “Obey the Law” Injunction in SEC case for failure to specify in the order the prohibited conduct.  FRCP Rule 65(d)(1)(C).

Week of June 25, 2012:

In an update to our ongoing coverage of the Smartphone IP Wars, Judge Posner’s opinion and order denies injunction motions of Apple and Motorola (Google).

Week of June 18, 2012:

Injunction lifted in Joint Venture / Mining Dispute.

How will Supreme Court Rule on Tax Anti-Injunction Act as relates to Affordable Care Act?    According to the AP, this issue is not likely to carry the day.

Week of June 11, 2012:

From Travelers Rest Tribune: “Judges deny candidates’ requests to get back on primary ballots.”  Litigants continue to seek injunctive relief, unsuccessfully, to get back on S.C. ballots.  S.C. Republican Party Chairman, Chad Connelly, speaks of frustration with respect to “technical” requirement to file SEI to be on S.C. ballots, and recent court rulings.

The Week of May 27, 2012:

Must FDA follow its own rules? Death Penalty Drug Dispute, FDA Appeals Injunction Prohibiting import of thiopental:

–  http://newsandinsight.thomsonreuters.com/New_York/News/2012/05_-_May/DOJ_appeals_injunction_on_import_of_death_penalty_drug/

Gov’t ask Judge to Reconsider NDAA Injunction (update on last week’s report):

–  http://articles.chicagotribune.com/2012-05-25/news/sns-rt-us-usa-security-lawsuitbre84p01h-20120525_1_detention-new-law-preliminary-injunction-bars

Microsoft counters Motorola’s Xbox injunction with Injunction against Motorola in Germany over Android:

–  http://arstechnica.com/tech-policy/2012/05/microsoft-wins-injunction-against-motorola-android-devices-in-germany/ (see Post on this Blog entitled, Microsoft v. Motorola (Google) – Worldwide Injunction Battles in Multiple Jurisdictions (ITC, Germany and Seattle, WA), which reported on Motorola injunction against Microsoft on Xbox, this report is Microsoft’s injunction against Motorola for Android!)

In SC, there is a lot of action in courts to keep names on / off ballots everywhere:

–  http://www.independentmail.com/news/2012/may/22/retired-judge-files-for-injunction-in-oconee-be/  (action to keep former federal officer off ballot for sheriff in Oconee County, another action was filed in Horry County, stay tuned)

–  http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=27120  (May 2, 2012 opinion on election ballot requirements)

English courts ponder use of ASBI / ASBO (Anti-Social Behaviour Injunctions / Orders):

–  http://www.lancashiretelegraph.co.uk/news/9721879.Order_to_replace_ASBO_welcome_in_East_Lancashire/ (disorderly conduct anyone?)

Apple seeking injunctions against Android phones in multiple jurisdictions:

–  http://www.redorbit.com/news/technology/1112540059/apple-pushes-forward-with-ban-on-samsung/ (apparently imitation is not always best form of flattery)

–  http://www.macobserver.com/tmo/article/galaxy_tab_injunction_hearing_set_for_june_7/ (hearing set for June 7)

–  http://www.planetinsane.com/injunction-filed-by-apple-against-samsung-galaxy-tab/2632357/ (see more on Apple below)

CÉGEPs Injunctions:  University / Student Battle Continues with New Canadian Law at Issue:

–  http://www.montrealgazette.com/business/Student+groups+legal+clinic+challenge+Bill+court/6650263/story.

The Week of May 20, 2012:

Federal Judge enjoins portions of  National Defense Authorization Act (NDAA)

–  http://dissenter.firedoglake.com/2012/05/17/federal-judge-finds-ndaa-is-worse-than-material-support-laws/

Apple seeking injunctions against Samsung Tablets:

–  http://www.reuters.com/article/2012/05/14/apple-samsung-patent-idUSL1E8GE7CQ20120514

Please share your comments, concerns, suggestions, criticisms of this post with wes@wesleyfew.com so we can improve this blog for everyone.  Follow this blog on Twitter via @WesFewSC

Disclaimer:  This blog does not contain legal advice. This blog is not responsible for the content of external sites or links.


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