A setback for patent holders?
In a unanimous opinion authored by Justice Clarence Thomas, the U.S. Supreme Court created new hurdles for patent holders seeking to enjoin their competition when they said that patent holders must be treated the same way as every other plaintiff seeking injunctive relief.
Until this ruling, patent attorneys had never had to put in evidence to supoort a request for an injunction it was just assumed that a request for an injunction would be automatically issued.
Now, instead of automatically issuing an injunction, trial courts are going to need to apply the traditional four-factor test used by court of equity.
More importantly, in order to seek an injunction, the complaining party is really going to have to focus on what evidence they are going to put in to demonstrate why they are entitled to an injuction.
On the other-hand, some see the decision as positive for the patent community because it gives trial judges the power to reign in the bad patents and push the good patents.
If you hold a patent, it would be wise to discuss your circumstances with a patent Attorney sooner rather than later.
About The Author:
Attorney Edward A. ("Ted") Bills can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.
Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.
Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the
Nothing on this site constitutes an attorney-client relationship nor does it constitute legal advice.
