Post by xyz3000 on Feb 12, 2024 3:03:41 GMT -5
In any case, regarding the danger of delay, the letter of notification of the designation of the public auctions was dated November 8, 2005 and, although the certificate also does not contain the date on which the executed parties were actually summoned, it is not reasonable that only on January 9, 2006, one day before the 1st public auction, at the tenth hour, did they come and ask for the suspension, when they could have done so calmly to the rapporteur, since the special was activated in January/05, which has been in progress since April/05 in the Superior Court”, highlighted the president of the STJ. The minister ordered that those executed complete the procedural instruction and that the files be sent to the rapporteur, Minister Ari Pargendler, at the end of the forensic vacation.
Precautionary measure to suspend auction just one day before the event is unreasonable. The understanding is that of Minister Edson Vidigal, president of the Superior Court of Justice, who did not analyze the Injunction filed to suspend the public auction of heads of cattle, seized for the execution of a promissory note. According to the minister, the defendants' request was not accompanied by the Estonia Email List necessary documentation, such as copies of the judgment and the decision that admitted the Special Appeal to the STJ. Prevention is the criterion for distributing cases that maintains the competence of a judge in relation to a given case, due to the fact that he or she became aware of it before the others. The São Paulo Court of Justice sent a letter to the STJ, expressly affirming the correct application of the Court's Internal Regulations and the competence of the 6th Chamber of Private Law to rule on the issue.
Schering's lawyers also stated that patent infringement has been demonstrated, based on the information contained on the label of Libbs' product, the patent letter presented, the technical reports and Libbs' confession. And they concluded by arguing that Elani will be sold throughout the country, in large quantities and that the amount that Libbs may have to pay in the event of a ruling in favor of the Schering laboratory for compensation for patent infringement would be “gigantic”. The rapporteur of the Precautionary Measure, minister Cesar Asfor Rocha, gave an injunction to Schering, until the judgment of the merits of the action by the 4th Panel of the STJ. As a result, Libbs remained banned from selling Elani. Then, the laboratory filed a response. He stated that it is urgent to examine the request because the deadline for withdrawing the Elani drug from the market is already underway, which would cause “real and irreparable damage” to the company.
Precautionary measure to suspend auction just one day before the event is unreasonable. The understanding is that of Minister Edson Vidigal, president of the Superior Court of Justice, who did not analyze the Injunction filed to suspend the public auction of heads of cattle, seized for the execution of a promissory note. According to the minister, the defendants' request was not accompanied by the Estonia Email List necessary documentation, such as copies of the judgment and the decision that admitted the Special Appeal to the STJ. Prevention is the criterion for distributing cases that maintains the competence of a judge in relation to a given case, due to the fact that he or she became aware of it before the others. The São Paulo Court of Justice sent a letter to the STJ, expressly affirming the correct application of the Court's Internal Regulations and the competence of the 6th Chamber of Private Law to rule on the issue.
Schering's lawyers also stated that patent infringement has been demonstrated, based on the information contained on the label of Libbs' product, the patent letter presented, the technical reports and Libbs' confession. And they concluded by arguing that Elani will be sold throughout the country, in large quantities and that the amount that Libbs may have to pay in the event of a ruling in favor of the Schering laboratory for compensation for patent infringement would be “gigantic”. The rapporteur of the Precautionary Measure, minister Cesar Asfor Rocha, gave an injunction to Schering, until the judgment of the merits of the action by the 4th Panel of the STJ. As a result, Libbs remained banned from selling Elani. Then, the laboratory filed a response. He stated that it is urgent to examine the request because the deadline for withdrawing the Elani drug from the market is already underway, which would cause “real and irreparable damage” to the company.