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Presumed innocent — Federal Circuit addresses permanent injunctions

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SKU: IIPam124. Category: .

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Abstract: Since 2006, patentees have been pulling their hair out over whether a victorious patent infringement plaintiff is entitled to a permanent injunction against the infringement. This article discusses a case in which the appeals court eliminated the presumption of irreparable harm in the patentee’s favor, but also made clear that injunctions remain in reach for some patentees. Citations: Robert Bosch LLC v. Pylon Mfg. Corp., 2011-1096, Oct. 13, 2011 (Fed. Cir.); eBay Inc. v. MercExchange, L.L.C., No. 05-130, May 15, 2006 (Supreme Court)

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