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ARTICLE · 07 APRIL 2016

Preliminary Injunction On Flameless Candle Extinguished

Luminara sued Liown for infringement and moved for a preliminary injunction.

United StatesIntellectual Property
Luminara Worldwide, LLC v. Liown Electronics Co. Ltd.

Addressing whether the district court erroneously granted a preliminary injunction, the US Court of Appeals for the Federal Circuit reversed the district court, finding that the injunction rested on an incorrect claim construction and that under the proper construction, a substantial question of validity precludes granting a preliminary injunction. Luminara Worldwide, LLC v. Liown Electronics Co. Ltd., No. 2015-1671 (Fed. Cir., Feb. 29, 2016) (Moore, J).

Luminara's predecessor, Candella, acquired substantial rights from Disney Enterprises with respect to several patents covering flameless candle technology. Candella then sued Liown for patent infringement, resulting in a settlement. After Liown obtained its own patent on artificial flame technology, Liown told Candella that it would no longer comply with the settlement agreement, and began selling flameless candles to Candella's exclusive customers.

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