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ARTICLE · 08 JANUARY 2013

IP Update, Vol. 15, No. 12, December 2012

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
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Edited by Paul Devinsky and Rita Weeks

Patents / Preliminary Injunction

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

by Roozbeh Gorgin

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.). 

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