Category Archives: Injunction

Affirmed Preliminary Injunction Leaves Water Balloon Infringer All Wet

Authors: Jonathan J. Fagan
Editor: Kevin D. Rodkey

In Tinnus Enterprises, LLC v. Telebrands Corp., No. 16-1410 (Fed. Cir. Jan. 24, 2017), the Federal Circuit affirmed the district court’s grant of a preliminary injunction, finding no clear error in that decision.

Tinnus sued Telebrands for infringement of Tinnus’s patent directed to a hose attachment that fills multiple water balloons at once. Tinnus moved for a preliminary injunction, which was granted by the district court. Continue reading

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Claim Term Given Plain Meaning Absent Clear Disclaimer or Disavowal

Author: Christopher B. McKinley
Editor: Jeff T. Watson

In Luminara Worldwide, LLC v. Liown Electronics Co., No. 15-1671 (Fed. Cir. Feb. 29, 2016), the Federal Circuit vacated a preliminary injunction because there was substantial question as to whether the asserted claim was anticipated by the prior art.

Luminara sued Liown for infringing its patent covering flameless, light-flickering candles. Luminara moved for a preliminary injunction to bar Liown from making, using, or selling its own artificial candles. The district court found no substantial question of validity that would challenge Luminara’s likelihood of success and granted the injunction. In reaching its decision, the district court, based on embodiments shown in the specification, construed “free to pivot” to mean a moving body having four degrees of freedom, thereby distinguishing the claim over the closest prior art reference, which disclosed a body that moves in only two ways.

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Federal Circuit Latches Onto Laches Defense

Author: Shawn S. Chang
Editor: Aaron Gleaton Clay

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 13-1564 (Fed. Cir. Sept. 18, 2015), a divided en banc Federal Circuit held in a 6-5 decision that laches remains a defense to legal relief in a patent infringement suit, notwithstanding the Supreme Court’s recent decision in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), holding that laches is not a defense to a suit for damages under the Copyright Act.

At issue before the Court were two questions: Continue reading

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