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Injunctions And Medical Devices

Law360 (February 4, 2009, 12:00 AM EST) -- In Acumed LLC v. Stryker Corp., 2008 WL 5397567 (Fed. Cir. Dec. 30, 2008), the U.S. Court of Appeals for the Federal Circuit clarified the standard for determining when the public interest would best be served by denying a permanent injunction that would otherwise enjoin sales of a medical device.

Normally, the public interest is best served by supporting the patent system and entering an injunction against future patent infringement.

However, the public interest shifts against entry of a permanent injunction when the infringer establishes objective...
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