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M-I v. FPUSA is a nonprecedential case decided on September 24, 2015 on appeal from the Western District of Texas.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 …

Preliminary injunction vacated because defendant’s obviousness argument raised a substantial question of invalidity

Sciele Pharma v. Lupin was decided on July 1, 2012 on appeal from the District of Delaware. The district court granted plaintiff Sciele a preliminary injunction prohibiting defendant Lupin from “further importation and sales of its generic [product].” Lupin appealed. The Federal Circuit vacated the preliminary injunction and remanded. “In deciding whether …

Courts must apply the four-factor test before granting or denying a permanent injunction

eBay v. MerkExchange was decided by the Supreme Court on May 15, 2006 on appeal from the Eastern District of Virginia. Following a jury verdict of infringement, the district court denied plaintiff MerkExchange’s motion for a permanent injunction. The Federal Circuit reversed and ruled that MerkExchange was entitled to an injunction, applying …