The following is excerpted from the article titled, "New Encouragement for Patent Owners Seeking Injunctions After Winning an Infringement Suit" by Meredith L. Ainbinder of Sunstein Kann Murphy & Timbers LLP published in its November 2011 IP Update:
Uncertainty continues to linger around a patent owner’s ability to obtain a permanent injunction after succeeding in proving infringement at trial. While a monetary award compensates the patent owner for the defendant’s past infringement, only an injunction stops future infringement.
In Robert Bosch LLC v. Pylon Manufacturing Corp.,the Federal Circuit ruled that permanent injunctions are not awarded as a matter of course, but at the same time took a district court to task for not granting such relief to Bosch, a large supplier of automotive equipment. Whether the ruling portends an era of more easily obtained injunctions depends on how district court judges read between the lines of Bosch.
Read the full article here.