Injunctive Relief Agreement For Patents In Orange
Description
Form popularity
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.
Generally, a patent indemnification agreement obligates one party to compensate the other party for losses or damages covered by the indemnity clause. For example, in litigation against a seller of goods, an indemnified seller can shift defense of litigation to the supplier.
An injunction is an order by a court that requires someone to do something or stop doing something. Outside the patent context, people often seek injunctions in situations that involve intrusions on their privacy or property.
Injunctive relief, also known as an injunction , is a court-ordered remedy which restricts a party from committing specific actions or requires a party to complete specific actions.
Injunctive relief is one of the main remedial measures regarding patent infringement. It usually involves an order that a court issues to prevent an infringer from continuing in any infringed activity.
Patents that are eligible to be listed in the Orange Book are patents that have claims that cover the drug substance (active ingredient), the drug product (formulation and composition), or the approved method of use.
Once litigation has been initiated, a 30‐month regulatory stay period is triggered that bars the US Food and Drug Administration (FDA) from approving the generic application until litigation resolves or the stay period expires.
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.
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 ...
