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Patent Infringement Injunctive Relief

Patent infringement attorneys know that the opportunity to obtain an injunction against the infringer in patent infringement litigation is a powerful weapon. The U.S. Supreme Court's 2006 decision in eBay Inc. v. MercExchange, L.L.C. weakened this weapon somewhat through it's ruling that there was no presumption of irreparable harm, which is a prerequisite for injunctive relief, for the patent infringement plaintiff who prevails. In Robert Bosch LLC v. Pylon Manufacturing Corp., the Federal Circuit breathed new life into injunctive relief for patent infringement plaintiffs. In Bosch, the Federal Court reversed a trial court who had refused to issue a permanent injunction and ordered that such an injunction be entered against the infringer. Some of the facts that the Federal Circuit relied upon in its opinion were that the parties were direct competitors, the patent owner had lost market share and customer access, and the infringer did not appear to have the financial means to satisfy a monetary judgment. Patent owners should discuss with patent infringement counsel if the Bosch case can be used to support the issuance of an injunction against the infringer.

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