Correct Claim Construction Prerequisite For Imposition Of Preliminary Injunction

The U.S. Court of Appeals for the Federal Circuit recently formalized its analytical approach to appellate review of preliminary infringement orders relying on claim construction, holding that an erroneous claim construction likely constitutes an abuse of discretion mandating vacating the injunction. Chamberlain Group, Inc., et. al. v. Lear Corp., Case Nos. 07-1314, -1467 (Fed. Cir. Feb., 19, 2008) (Rader, J.).

Chamberlain reached the Federal Circuit after the district court issued a preliminary injunction order implicitly based, in part, on its construction of the term "binary code." Lear appealed both the claim construction and preliminary injunction orders.