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

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Thursday, May 24, 2012

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Course Materials

This CLE course will prepare patent counsel to determine if and when to seek preliminary relief in patent infringement cases. The panel will discuss the types of relief available and how courts are treating requests for preliminary relief in patent infringement suits.


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.



  1. Determining type of relief to seek
  2. Considerations when seeking preliminary relief
  3. Court treatment since eBay


The panel will review these and other key questions:

  • What strategic considerations should patent owners and counsel keep in mind when determining if preliminary relief should be sought?
  • What factors should patent counsel consider when seeking preliminary relief?
  • How have courts treated injunctions and other preliminary relief since the Supreme Court's eBay decision?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Anthony J. Fitzpatrick
Anthony J. Fitzpatrick

Duane Morris

He co-chairs the firm's Intellectual Property Litigation Practice. He has litigated matters involving diverse...  |  Read More

Melanie R. Rupert
Melanie R. Rupert

Paul Hastings

Her practice focuses on patent litigation matters, with an emphasis on the biotechnology, pharmaceutical, and medical...  |  Read More

Anastasia M. Fernands
Anastasia M. Fernands

Quinn Emanuel Urquhart & Sullivan

She has significant experience in complex commercial litigation with a particular focus on patent litigation. She has...  |  Read More

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