This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Injunctive Relief Agreement For Patents In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-000302
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Word;
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FAQ
In many patent suits, patent holders seek injunctive relief to prevent an accused infringer from continuingto practice the patented invention. Whether an injunction can be granted depends on various considerations a judge may weigh under her equitable powers.
Know-how refers broadly to any non-public information that individuals or companies acquire regarding how to or more easily use something in a business.
how agreement is a legal contract between two parties that outlines the terms and conditions for the transfer of knowledge, expertise, and technical information from one party to another.
For example, patents must be obtained on a country-by-country basis with a statutory expiration date. By contrast, know-how has no set expiration date, with the exception of trade secrets for which the protection exists as long as the licensor can maintain its secrecy. Trade secrets are a special form of know-how.
The license of know-how is the information necessary or beneficial to the commercialization of the patented invention. A patent license combines matters of federal and state law, whereas a know-how license is subject only to state law since it is not subject to federal statutory protection.
Licensed Know-How means all Know-How owned or Controlled by Licensor, Licensor's Affiliates, and GRDG as of the Effective Date and learned during the Term that is necessary or useful for the Exploitation of the Licensed Compound and/or any Licensed Product in the Field in the Territory.
(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.
To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...
In many cases, a contract will include an injunctive relief clause stating that one or both parties are entitled to relief to prevent them from suffering harm due to a breach of contract.
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...