Patent Infringement Litigation: Obtaining TROs, Injunctions and Other Preliminary Relief

Description

When a threat to a patent arises, patent owners want to take immediate steps to protect their interests—time is of the essence in protecting their valuable asset. Counsel often faces the challenge of evaluating the viability of seeking preliminary relief to temporarily stop suspected infringement.

The Supreme Court decided unanimously in eBay v. MercExchange that an injunction should not be automatically issued upon finding patent infringement and it should not be denied only because the plaintiff doesn't practice the patented invention. Instead, courts must weigh the four traditional factors to decide.

Patent counsel must be prepared to evaluate patent claims against these factors and determine whether and when to seek preliminary relief, as well as decide the type of relief best suited to the infringement: TROs, preliminary injunctions, orders for mandatory injunctions and seizures of goods.

Listen as our authoritative panel of patent attorneys examines preliminary relief in patent infringement disputes, including pre- and post-filing considerations, and reviews how the federal courts have treated requests for preliminary relief since the eBay decision.