Four factors for a permanent injunction To secure a permanent injunction, the patent owner must demonstrate that four factors favor issuance of the permanent injunction. These four factors include (1) that it has suffered an irreparable injury; (2) that remedies available at law are inadequate to compensate for that injury; (3) that considering the balance of hardships between … [Read more...]
Patent injunction
A patent injunction is a court order to a patent infringer to stop or modify its behavior.
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Patent based injunction granted due to reputational harm
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...]
Irreparable harm easier to prove for grant of patent based injunction
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...]
Overview of patent based injunction
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...]
Injunction based on specific features is more likely to be granted
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
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...]
Causal nexus required to show irreparable injury for an injunction
Causal nexus required to show irreparable injury for an injunction In Apple v. Samsung (Fed. Cir. Nov. 18, 2013), the Federal Circuit upheld most of the lower court’s decision that Apple failed to show that they would be irreparably harmed if Samsung is allowed to continue selling its cell phones. In particular, Apple failed to show a causal nexus between Samsung’s … [Read more...]
Injunctive Relief in Patent Infringement Cases: A Shifting Standard
Traditionally, injunctive relief was awarded as a matter of right in patent infringement cases. Courts reasoned that since a patent grants the owner the right to exclude others, the patent would be ineffective if it couldn’t prevent infringing activities. However, in eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court established that injunctive relief in patent cases … [Read more...]