Background Until 2006, district courts routinely granted permanent injunctions, along with damages, to prevailing patent owners after trial on the grounds that irreparable harm was presumed. The Supreme Court’s decision in eBay v. MercExchange, L.L.C., 547 U.S. 388, 393–94 (2006), represented a sea-change in patent infringement litigation. The decision abolished the presumption of irreparable harm … Continue Reading
In Insulet Corporation v. EOFlow Co., Ltd. et al., after a month-long jury trial, a federal court in Boston dropped the hammer on an insulin patch pump producer for misappropriating the trade secrets of its competitor. The jury found that EOFlow, a South Korean company, its U.S. subsidiary, and several individual defendants, including former employees … Continue Reading
For many years, German courts would, in principle, only grant a preliminary injunction in a patent case, if the patent in suit had “gone through the fire” in the sense of having survived an adversarial opposition or nullity proceeding at first instance. This case law was based on the consideration that it can be extremely … Continue Reading
