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Injunctions and Exclusion Orders in IP Cases: Preliminary Injunctions in Federal Court and a Primer on ITC Exclusion Orders

May 10, 2023 at 2:30pm5:30pm (EDT)
In-Person and Virtual

Courtroom 20, Seventh Floor
U.S. District Court for the District of Massachusetts
1 Courthouse Way, Boston, MA 02210
(Zoom link to be sent for virtual attendees)

Attorney Andrew O'Connor joins a panel of IP Attorneys and The Honorable Leo T. Sorokin and The Honorable George O’Toole to discuss three topics relating to injunctions and similar relief in various types of IP cases:

Panel I:  Preliminary Injunctions in Trademark Cases after The Trademark Modernization Act of 2020
Members of the Bench and Bar will discuss practical applications of the presumption of irreparable harm when parties seek preliminary injunctions in trademark cases and offer their perspectives as to the types of evidence that tend to be more or less persuasive. From preliminary injunction factors and posting a bond to the scope of relief and proposed orders, hear first-hand how to navigate the preliminary injunction process in trademark cases.

International Trade Commission exclusion orders, a primer
The topic will include practice before the ITC and co-pending District Court cases.

Panel II:  Preliminary Injunctions in Patent Infringement and Trade Secret Cases
Members of the Bench and Bar will discuss best practices when seeking a preliminary injunctions in patent and trade secret cases, comparing and contrasting the evidence needed to obtain this relief in these two types of cases. The panel will dig into best practices for demonstrating substantial likelihood of success on the merits. Hear panelists discuss what evidence is persuasive to demonstrate irreparable harm resulting from alleged patent infringement as compared to alleged trade secret misappropriation, and learn about the practical requirements for (and effect of) the preliminary relief available under the Defend Trade Secrets Act, including ex parte civil seizure.