Tag Archives: Equitable relief

Federal Circuit Remands For Further Consideration of Proper Irreparable Harm Test for Permanent Injunction

Author: Alexander E. Harding*
Editor: Kara A. Specht

In Genband US v. Metaswitch Networks, No 2017-1148 (Fed. Cir. July 10, 2017), the Federal Circuit clarified that a patentee only need show “some connection” between the patent and sales of infringing products to meet the irreparable harm requirement for a permanent injunction.

The Eastern District of Texas granted an $8.1 million jury verdict to Genband for patent infringement, for patents related to internet voice-communication services, but refused to also grant a permanent injunction, finding that Genband failed to satisfy the showing of irreparable harm by failing to identify a causal nexus showing that “the patented features drive demand for the [infringing] product.”   Continue reading

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Federal Circuit Affirms Inequitable Conduct for Withholding Evidence and Failing to Correct Representations to PTO

Author: Kristi L. McIntyre
Editor: Lauren J. Dreyer

In Ohio Willow Wood v. Alps South, Nos. 2015-1132, -1133 (Fed. Cir. Feb. 19, 2016), the Federal Circuit affirmed a finding of inequitable conduct.

OWW asserted infringement against Alps South, who sought reexamination of the claims. Appealing a rejection from the reexamination, OWW argued before the Board that certain testimony the examiner relied upon in making his rejection was uncorroborated. The Board agreed, reversing the examiner’s rejection and explaining that the examiner erred in crediting uncorroborated testimony, and the claims were confirmed.

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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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