The recent legal wrangling between Apple and Samsung in relation
to Apple's application for an interlocutory injunction
barring the import and sale of Samsung's Galaxy Tab 10.1 into
Australia demonstrates the difficulties that can arise in assessing
whether an applicant for an interlocutory injunction has made out a
prima facie case and whether the balance of convenience
and justice favour the granting of the injunction.
An injunction is a "coercive" remedy granted by the
Court to an applicant ordering another party to do or not to do a
particular action. In patent litigation, the granting of a final
injunction preventing a party from continuing or commencing
infringing conduct is usually the primary concern of the patentee.
A secondary concern is then compensation for any infringing conduct
that may have already occurred. While a final injunction can only
take effect once there has been a final determination of the case
on its merits there is also the question of
