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...]
Irreparable injury is a type of harm which monetary compensation cannot redress. It is also one of the elements a patent owner must show to obtain an injunction against a patent infringer.
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...]
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...]
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...]