Sunday, May 01, 2005 3:21:50 PM
Whizzeresq: A quick question in regard to your last paragraph. I vaguely remember reading that an injunction rather than monetary damages was deemed more appropriate for a manufacturer whose business would be severely impacted by continued infringement. This would not seem to apply to a company like IDCC, whose primary business model is to receive payment for the use of their patents. Is my understanding correct?
For those who say that an injunction will not be issued to block the sale of products that infringe on a patent because the patent holder can recover damages to compensate it in a lawsuit, there are federal circuit court cases that hold to the contrary. Because of the unique nature of a patent and intangible damages that a patent holder may suffer due to the sale of infringing products, an injunction is appropriate. Let the games continue!
For those who say that an injunction will not be issued to block the sale of products that infringe on a patent because the patent holder can recover damages to compensate it in a lawsuit, there are federal circuit court cases that hold to the contrary. Because of the unique nature of a patent and intangible damages that a patent holder may suffer due to the sale of infringing products, an injunction is appropriate. Let the games continue!
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