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Authored by: Anonymous on Thursday, February 14 2013 @ 12:33 AM EST |
I think you're correct? [ Reply to This | Parent | # ]
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Authored by: macliam on Thursday, February 14 2013 @ 12:55 PM EST |
IANAL.
I understand that the rules concerning when appeals can be brought do not apply
to decisions that grant or deny injunctions. The reasoning (particularly with
regard to preliminary injunctions) is that the grant of an injunction can cause
immediate harm to the injuncted party, whereas the denial of an injunction can
cause immediate harm (loss of competitiveness etc.) to a party unfairly denied
an injunction. Given that injunctions are supposedly granted to prevent
irreparable harm (where payment of damages and/or royalties cannot rectify the
harm), it is desirable that appeals with regard to injunctions should not be
delayed until the case has been closed.
To date there have been two appeals already considered by the CAFC with regard
to lawsuits between Apple and Samsung.[ Reply to This | Parent | # ]
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