Serves Public Interest

  • 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).

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