Improper To Grant Permanent Injunction If Patent Owner Fails To Show It Will Not Disserve Public Interest: “If a plaintiff fails to show ‘that the public interest would not be disserved by a permanent injunction,’ then the district court may not issue an injunction.” Amgen (Sanofi) (Fed. Cir. 10/05/17); Bio-Rad (Fed. Cir. 08/03/20) (aff’g injunction that accounted for public interest by including carve out for products sold or in use before the effective date of the injunction, as long as infringer paid royalty on net revenue received until the expiration of the patents-in-suit).
Patent Defenses is a research tool maintained by Klarquist since 2004. Visit klarquist.com to learn more about us.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.