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Monday, May 07, 2018 11:30:12 PM
Typically NPE's cannot get an injunction since they cannot show irreperable harm.
Irreperable harm is usually a result of competition for products
In the case of a NPE, they are not sellig a product and thus they cannot show harm (irreperable or otherwise).
Typically you need at least 2 of the four qualifiers in that list on your side
For this case
1. TBD
2. No since NPE sells no product
3. No since the NPE sells no product
4. Seldom invoked and hard to prove
Thus, there is no way for a NPE to actually argue and injunction and see a high probability of it being granted, and the courts would take offense if a NPE asked for one knowing those hurdles, above
see also section 2 here which further explains the above, before a pretend patent expert pipes up or datasteamy
http://www.oblon.com/publications/recent-trends-in-npe-litigation/
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