Federal Circuit on finding a party in contempt for a redesigned product that violates an injunction

In KSM Fastening v. HA Jones (1985), the Federal Circuit laid out the law for finding a defendant in contempt of an injunction for an infringing redesigned product. This was the law for more than twenty five years, until 2011. Under the KSM test, the court first determines whether a …

Permanent injunction isn’t too broad despite reaching products that do not necessarily infringe

United Construction v. Tile Tech was decided on December 15, 2016 on appeal from the Central District of California. The patent concerned a support pedestal adapted to support surface tiles to form an elevated building surface. After “a series of delays, missed deadlines, and other procedural missteps by [defendant] Tile Tech,” …

Preliminary injunction that merely prohibits “other products” is overbroad

M-I v. FPUSA is a nonprecedential case decided on September 24, 2015 on appeal from the Western District of Texas. There, the district court preliminarily enjoined defendant FPUSA from promoting, selling, or renting a system that infringed one or more claims of plaintiff M-I’s patent. FPUSA appealed. The Federal Circuit affirmed the preliminary injunction …