The newly-published July-August 2009 issue of Patent World carries two features on preliminary injunctive relief that will interest patent litigators. The first, "Tyre case clarifies injunction test", is a review by Jonathan Muenkel (Jones Day, US) of the decision of the CAFC last month in Titan Tire Corporation v Case New Holland, Inc, which touches on the weight given to the likelihood of the defendant's invalidity defence succeeding at trial. The second, "Interim measures in French patent disputes" by the Linklaters pairing of Marianne Schaffner and Lorraine Sautter, reflects rather the opposite trend, since it is subtitled "Validity takes a back seat". This article discusses the ruling this March in SAS Laboratories Negma/SAS Biogaran.
You can see the detailed contents of this issue on PW's home page here.
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