Intellectual Property Law

New Matter FALL 2014, Volume 39, Number 3

Case Comments

Lowell Anderson

Stetina Brunda Garred & Brucker


Injunctive relief under the Clayton Act § 16 has no limitations period, but is subject to the equitable defense of laches and thus the four-year limitations period of § 4B is used as a guideline. But a cause of action arises each time a violation occurs causing injury and here each time a defendant sells a price-fixed product a new act arises causing consumer injury. A dismissal for laches was reversed. Oliver v. DS-3C LLC, 110 U.S.P.Q.2d 1954 (9th Cir. 2014).

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