Permanent injunction was denied after infringement verdict
Robinson, J. A motion for permanent injunction following infringement verdict was denied with leave to renew following appellate review of the jury verdict.
The patents-in-suit disclose embodiments of an apparatus which safely controls the discharge of pressurized fluids from the outlet of pressurized tanks. After a 6-day jury trial, on December 7, 2005 the jury found all asserted claims were infringed. Plaintiffs moved for a permanent injunction. eBay overruled longstanding general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances. Plaintiffs must prove irreparable injury and inadequacy of legal remedies. Plaintiffs did not provide specific sales or market data to support claim that they are likely to lose additional market share, profits and goodwill absent the injunction. They did not meet their burden to iterate specific reasons why the infringement can not be compensated for with a money award. The motion may be renewed following appellate review.
A copy of the full opinion is available here.
