https://www.law360.com/ip/articles/914779/china-becoming-more-attractive-for-foreign-patent-owners?nl_pk=b1903a90-09ca-421f-8c29-9e09cc40f173&utm_source=newsletter&utm_medium=email&utm_campaign=ip
DISCLAIMER:The opinions expressed in this blog are mine and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
Thursday, April 20, 2017
Wednesday, April 19, 2017
Consent decree and Settlement
http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1606&context=aulr
"A consent decree is a judgment or order that reflects the settlement terms agreed to by the parties, and that contains an injunction.2"
Consent decree is ‗no more than a settlement that contains an injunction.‘‖ (quoting In re Masters Mates & Pilots Pension Plan & IRAP Litig., 957 F.2d 1020, 1025 (2d Cir. 1992))); Gates v. Shinn, 98 F.3d 463, 468 (9th Cir. 1996) (―[W]hen a decree commands or prohibits conduct, it is called an injunction.‖). When the settlement involves no injunctive relief but simply the payment of money, the often-used term is ―consent judgment.‖ See Limbright v. Hofmeister, 566 F.3d 672, 673 (6th Cir. 2009) (term ―consent judgment‖ used where monetary obligations are involved).
https://www.law360.com/articles/415119/a-snapshot-of-the-post-mstg-landscape
http://www.ipo.org/index.php/2017/02/economics-settlement-patent-litigators-need-know/
http://apps.americanbar.org/litigation/litigationnews/mobile/article-patent-settlement-confidential.html
http://federalpracticemanual.org/chapter9/section2
"A consent decree is a judgment or order that reflects the settlement terms agreed to by the parties, and that contains an injunction.2"
Consent decree is ‗no more than a settlement that contains an injunction.‘‖ (quoting In re Masters Mates & Pilots Pension Plan & IRAP Litig., 957 F.2d 1020, 1025 (2d Cir. 1992))); Gates v. Shinn, 98 F.3d 463, 468 (9th Cir. 1996) (―[W]hen a decree commands or prohibits conduct, it is called an injunction.‖). When the settlement involves no injunctive relief but simply the payment of money, the often-used term is ―consent judgment.‖ See Limbright v. Hofmeister, 566 F.3d 672, 673 (6th Cir. 2009) (term ―consent judgment‖ used where monetary obligations are involved).
https://www.law360.com/articles/415119/a-snapshot-of-the-post-mstg-landscape
http://www.ipo.org/index.php/2017/02/economics-settlement-patent-litigators-need-know/
http://apps.americanbar.org/litigation/litigationnews/mobile/article-patent-settlement-confidential.html
http://federalpracticemanual.org/chapter9/section2
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