I. Preliminary injunction background An issued patent provides its owner the right to exclude or stop others from competing against the patented invention. However, that right has been weakened in that it is much harder to convince a court to grant an injunction than before. Before 2006, a court would regularly grant an injunction upon showing an issued patent coupled with … [Read more...]
A patent injunction is a court order to a patent infringer to stop or modify its behavior.
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One of the difficulties of securing a patent based injunction was that it was difficult to prove that the harm to the patent owner was irreparable or that monetary compensation was not enough to make the patent owner whole due to the infringement of the patent. In Metalcraft v. Toro Co. (Fed. Cir. 2017), the Federal Circuit provided a basis for establishing irreparable harm … [Read more...]
What is a patent based injunction? A patent based injunction prohibits an infringer from stepping on the rights of the patent owner. The patent grant gives the patent owner the right to exclude others from selling a patented invention among other things. If the infringer continued to sell its version of the patented invention, then the patent rights of the patent owner would … [Read more...]
Role of an injunction and patents Prior to 2006, an injunction was typically issued as a right of the patent owner. If the defendant infringed a patent, the patent owner would seek and obtain an injunction almost without question. The reason was that the Patent Act states that a patent provides the patent owner the right to exclude others from making, using, selling, offering … [Read more...]
Injunctions easier to obtain for small markets The primary right granted by the government through a patent is the right to exclude others from making, using, selling, offering for sale and importing the patented device into the United States. Thus, a patent should normally allow you to obtain an injunction stopping your competitors from infringing your patent. Obtaining an … [Read more...]