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ARTICLE · 03 JANUARY 2013

Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions

McDermott Will & Emery
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Addressing the issue of preliminary injunction standards in patent cases, the U.S. Court of Appeals for the Federal Circuit concluded that when it comes to determining whether a preliminary injunction should be issued in patent cases, the Federal Circuit’s preliminary injunction standards apply, rather than those of the regional circuit in which the district court hearing the patent case sits.

United StatesIntellectual Property
Roozbeh Gorgin
Roozbeh Gorgin
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Addressing the issue of preliminary injunction standards in patent cases, the U.S. Court of Appeals for the Federal Circuit concluded that when it comes to determining whether a preliminary injunction should be issued in patent cases, the Federal Circuit's preliminary injunction standards apply, rather than those of the regional circuit in which the district court hearing the patent case sits.  Revision Military Inc. v. Balboa Manufacturing Co., Case No. 11-1628 (Fed. Cir., Nov. 27, 2012) (Newman, J.). 

Revision Military filed a patent infringement case in the U.S. District Court for the District of Vermont (part of the U.S. Court of Appeals for the Second Circuit), alleging that Balboa Manufacturing's new "Bravo" design protective goggles (also called "Bobster Bravo") copied and infringed Revision's "Bullet Ant" goggles covered by design patents. After the suit was filed, Revision moved for a preliminary injunction, seeking to enjoin Balboa from making and selling

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