Partner Lauren Keller Katzenellenbogen authored an article on the importance of intellectual property owners diligently complying with procedural requirements when seeking a preliminary injunction.
In the article, Katzenellenbogen writes about two recent Federal Circuit decisions that confirmed that “certain procedural requirements limit the injunctive relief available against internet sellers and highlighted the importance of officially notifying a defendant of a lawsuit.” Katzenellenbogen notes that, “Specifically, a plaintiff cannot side-step service of process before obtaining a preliminary injunction, even when it slows down the process of stopping infringing sales and potentially gives the defendants an avenue to re-emerge under a new name.”
In the article, Katzenellenbogen discusses the significance and potential impact of these rulings, and provides guidance for how patent holders must adjust their litigation strategies to account for the new precedents.
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