Considerations for Getting A Preliminary Injunction
In California, a judge may grant a preliminary injunction. Learn what you need to obtain a preliminary injunction.
In California, a judge may grant a preliminary injunction. Learn what you need to obtain a preliminary injunction.
Summary judgment is a pre-trial motion, usually a post-discovery motion in which the moving party seeks a judge's ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, and therefore no reason for a trial. It is governed by the Federal Rule of Civil Procedure 56 and similar state laws. Summary judgment is sometimes called a “powerful weapon for defendants.” Although plaintiffs may also bring these motions, this is much more difficult, and defendants bring the majority of motions for a summary judgment.
The Doctrine of Equivalents allows infringement to be found in some cases where the elements of the accused device are substantially equivalent to the corresponding elements of the asserted claim. K-2 Corp. v. Salomon S.A., 191 F.3d 1356, 1366, 52 USPQ2d 1001 (Fed. Cir. 1999). The Doctrine of Equivalents prevents an accused infringer from avoiding infringement by changing only minor or insubstantial details of a claimed invention while retaining the essential functionality of each of those details. Thus, a device that does not literally infringe a claim may nonetheless infringe under the Doctrine of Equivalents if every limitation in the claim is literally or equivalently present in the accused device or method. Warner-Jenkinson Co. v. Hilton Davis Chem. Co., 41 USPQ2d 1865, 1876 (1997). This “all elements” rule of the Doctrine of Equivalents requires that an alleged infringing device have an identical or equivalent element for each limitation contained in the claim of the alleged infringed patent. Loral Fairchild Corp. v. Sony Corp., 50 USPQ2d 1865, 181 F.3d 1313, 1327.
From contracts to intellectual property, there are a lot of areas of law that can impact your business These are just a few of the most important legal principles that every business owner should know. By understanding these principles, you can help to protect your business and avoid legal problems.
Presiding Judge Eric C. Taylor today announced changes the Los Angeles Superior Court will make over the next 60 days to open more courtrooms to manage caseloads, help settle more cases, and offer more trial capacity.
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