An Application To Reissue A Patent May Prevent A Preliminary Injunction

Abstract

An Arizona court recently denied a request for a preliminary injunction, finding that the accused infringer established a substantial question about the patent's enforceability because the patent owner filed a reissue patent application characterizing a recent U.S. Supreme Court decision, as "cast[ing] doubt" on the enforceability of its patent.

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Patent owners who seek a preliminary injunction to temporarily stop infringing conduct before litigating on the merits must show that they are likely to succeed on the merits. Therefore, an infringer may prevent a preliminary injunction by showing a substantial question of invalidity, unenforceability, or noninfringement.