Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

Injunction

An injunction bars continued infringement. Since eBay v. MercExchange a permanent injunction requires the patentee to satisfy the traditional four-factor test: irreparable harm, the inadequacy of money damages, a balance of hardships favouring relief, and the public interest. Competitors who practise the invention are far more likely to obtain one than patentees who only license, and courts frequently substitute an ongoing royalty instead. Preliminary injunctions additionally require a likelihood of success on the merits and are rare in patent cases. The opinions collected here address permanent and preliminary injunctive relief, the scope and wording of injunctions, and ongoing royalties awarded in place of one.

178 opinions and orders.