MIA: Preliminary Injunctions Part III

This series examines preliminary injunction analysis under current Federal Circuit law.  In Part I we looked at the trends in the preliminary injunction test, and in Part II (here and here) we looked at the 2007-2008 CAFC decisions on preliminary injunctions in patent cases. In this final installment, we look at the two most recently-filed [...]

MIA: Preliminary Injunctions Part II continued

We continue with our review of 2007 and 2008 CAFC decisions on preliminary injunctions in patent cases. ERICO Int’l v. Vutec Corp., 516 F.3d 1350 (Fed. Cir. Feb. 19, 2008) [Newman, Rader, Dyk].  The CAFC vacated the PI, finding that defendants had raised a sufficient § 103 argument.   The district court had written two opinions [...]

MIA: Preliminary Injunctions Part II

In Part I we suggested that preliminary injunctions are one of the issues ripe for clarification by the Federal Circuit.  In Part II we offer brief summaries of the different CAFC decisions since January 2007 analyzing preliminary injunctions in patent infringement cases.  Because of the length of these summaries, we will break this Part into [...]

MIA: Granted and Affirmed Preliminary Injunctions

We recently posted about the Federal Circuit’s upcoming Judicial Conference, here.  The Conference’s Patent And Trademark breakout-session is titled “Patent Issues Ripe for Judicial Clarification,” a panel moderated by Prof. Lisa Dolak (Syracuse Law), with Hon. Patti Saris (D/MA), Hon. Liam O’Grady (ED/VA), Meredith Ady (Brinks Hofer), Morgan Chu (Irell & Manella), William Lee (WilmerHale), [...]

Touchpads Infringe, Preliminary Injunction Granted

2008-1310 Elantech v. SynapticsND/CA 06-01839 Synaptics appeals Judge Charles Breyer’s Orders granting plaintiff partial summary judgment on infringement, entering a preliminary injunction, and the claims construction decision on which summary judgment is based.  The case involves numerous Elantech patents related to touchpads, but the one on which summary judgment was granted is 5,825,352, and only [...]

Fresenius Asks CAFC To Reinstate First Jury Verdict

2008-1306 Fresenius USA  v. Baxter Intl    ND/CA 03-cv-1431 DJ plaintiff Fresenius appeals various orders from Judge Saundra Armstrong finding certain dialysis machines infringed several Baxter patents.  In addition to some damages, the court entered a permanent injunction against the sale of new machines beginning in 2009. In 2006 the court found that one of [...]

ITC Spat Between InterDigital and Nokia Enjoined

2008-1265 Nokia v. InterDigital SD/NY 08-CV-1507 InterDigital has appeal Judge Deborah Batt’s decision to grant Nokia’s preliminary injunction related to a dispute over several patents before the ITC. The facts of this case are few and far between.  The Court, however, enjoined InterDigital’s ITC action and required the parties to arbitrate their dispute under 9 [...]

Jury & Judge Put the (Spinal) Screws to Medtronic

2008-1240 Depuy Spine v. Medtronic SofamorD/MA  01-CV-10165 Defendant Medtronic appeals from final judgment and Judge Edward Harrington’s denial of a bevy of motions including JMOL.  Depuy et al asserted 5,207,678 directed to pedicle screws and receiver members used in spinal surgeries.  In an earlier appeal to the CAFC, certain claim construction was determined, some of [...]

Animal Carcasses + Ex Employee=Infringement and Theft of Trade Secrets

2008-1228 Ecolab, Inc. v. FMC Corp.D/MN 05-cv-831 Plaintiff Ecolab appeals from Judge James Rosenbaum’s denial of several post-trial motions following a split jury verdict.  Ecolab sued FMC on several patents related to the treatment of animal carcasses and meat.  The jury found that FMC infringed several valid claims, did not infringe several claims, and that [...]

Substantial Question of Claim Construction Dooms Preliminary Injunction

2008-1225 Novo Nordisk v. Sanofi-AventisD/NJ 07-cv-3206 Novo appeals from Judge Mary Cooper’s Order denying its Motion for Preliminary Injunction.  Novo asserts 7,241,278 against Sanofi, a patent related to an insulin “pen” for injecting set doses of medicine from a cartridge.  Novo generally describes the asserted claims as including a “novel means of coupling and de-coupling [...]