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Re: art35 post# 31820

Monday, 05/07/2018 11:30:12 PM

Monday, May 07, 2018 11:30:12 PM

Post# of 46516
http://www.tms.org/pubs/journals/jom/matters/matters-9712.html


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/