Intellectual Property Rights infringement and Remedies

Patents and Preliminary Injunctions – Federal Circuit Continues Giveaways to Big Business  October 26, 2012 – 09:45 pm
book Intellectual Property

Big business just got a gift from the Court of Appeals for the Federal Circuit – a ruling that will decrease the opportunities for patentees to stop infringing entities earlier rather than later.

A patent holder is entitled to a legal monopoly over her invention, and “the heart of the patentee’s legal monopoly is the right to invoke the State’s power to prevent others from utilizing [her] discovery without consent.”  Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 135 (1969).  Given the patent holder’s grant, preliminary injunctions serve a useful and necessary purpose in the field of patent law—they allow a patentee to stop an infringing party at an early stage of the litigation thereby preserving possible profits or licensing opportunities while promoting settlement with a (likely) infringing party.  Although there are benefits to patentees (and given the explicit language of the patent laws) the Supreme Court has rightfully recognized that even in cases of possible patent infringement, a preliminary injunction is an extraordinary remedy never awarded as of right. See Ebay Inc. v. Mercexchange, LLC, 547 U.S. 388, 392 (2006).

Source: Green Mountain IP

Cambridge University Press Intellectual Property: Economic and Legal Dimensions of Rights and Remedies
Book (Cambridge University Press)

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