The following is excerpted from an August 1, 2011 article on how the Federal Circuit has made it easier to enforce injunctions in patent cases by Steven Seidenberg published by the ABA Journal:
The U.S. Court of Appeals for the Federal Circuit has changed the equation in patent enforcement by making it easier to bring contempt proceedings against a defendant for violating an injunction.
In its April en banc decision in TiVo Inc. v. EchoStar Corp., the Federal Circuit also said courts should strictly uphold the terms of an injunction, even if these terms are vague or overbroad. And the ruling limits a defendant’s opportunities to challenge an injunction—thus increasing a defendant’s risk of being held in contempt for violating the injunction.
The decision gives new importance to contempt proceedings, increases pressure on parties when crafting injunctions, and will likely boost post-verdict litigation. “The net effect will be a significant increase in motivation for defendants who lost at trial to engage in more active post-injunction motion practice,” says Boston attorney Carlos Perez-Albuerne.
Read the full article here.