The 'Substantial Question Of Patentability' Defense
November 17, 2008, 12:00 AM EST
Law360, New York (November 17, 2008, 12:00 AM EST) -- What do two recent U.S. Supreme Court decisions on the danger of sonar to whales and the arrest of American civilians in Iraq have to do with patent litigation? Perhaps a lot. In fact, these decisions may foretell the death of the “substantial question of patentability” defense to a motion for preliminary injunction.
Ever since eBay Inc. v. MercExchange L.L.C, 547 U.S. 388 (2006) overturned long-standing Federal Circuit precedent regarding a patentee’s right to a permanent injunction after a finding of infringement, there has been uncertainty...
Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.