Permanent Injunctions In Patent Cases: A Permanent Problem For Publicly Traded Companies?

Law360, New York (May 31, 2006, 12:00 AM EDT) -- Management of a publicly traded company found liable for patent infringement likely will face a difficult choice. Where the infringed patent is not easily designed around, and an injunction against continued infringement would devastate the infringer’s business, the federal courts’ traditional equitable analysis of whether to grant an injunction includes a balance of the hardships: the hardship suffered by the patent owner from denial of the requested injunction balanced against the hardship suffered by the infringer from grant of the injunction. The hardship on the infringer...
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