Final Patent Reexamination Result to Dissolve Injunction
A defendant’s request to delay entry of a permanent injunction until reexamination concludes is more likely to be well-taken by a district court when the reexamination is near conclusion and rejecting the patent owner’s claims. Depending on the length of time that passes before a litigant requests reexamination of a patent, either party could argue that the timing of the request supports its own interests under the four factor P.I. test and the balancing of the equities.
This tension played out recently in Inventio AG v. Otis Elevator Co. (SDNY)
In Otis, the Court found that entry of a permanent injunction was against public interest (i.e., P.I .fourth factor) where a patent reexamination existed Continue Reading Permanent Injunction Status Linked to Patent Reexamination