A Question of Patent Invalidity Must Be ‘Substantial’ to Defeat Preliminary Injunction, Appeals Court Says
Highlights
A federal appeals court confirmed a substantial question of patent invalidity is required to defeat a preliminary injunction against infringement
A party’s failure to present substantial evidence is likely outcome-determinative for whether a preliminary injunction is granted
Conclusory and unsupported arguments alone are not enough to present or negate a substantial question of invalidity
The U.S. Court of Appeals for the Federal Circuit recently issued a precedential decision affirming a district court’s decision to maintain a preliminary injunction against an accused patent infringer. The appeals court in Natera, Inc. v. NeoGenomics Lab'ys, Inc. restated the established three-part test for preliminary injunctions: likelihood of success, irreparable harm, and public interest. For patent cases, the Federal Circuit has split the likelihood of success part of the test into two subparts: infringement and invalidity.
Keep Up to Date in a Changing World
