Digest of
M-I, LLC v. FPUSA, LLC, No. 2015-1870 (Fed. Cir. Sep. 24,
2015) (non-precedential). On appeal from W.D. Tex.
Before Prost, Bryson, and Hughes.
Procedural
Posture: Defendants/accused infringers appealed preliminary
injunction order. CAFC affirmed in part, vacated and remanded in
part.
- Injunctions: The district court did not abuse
its discretion in granting a preliminary injunction. The court did
not err in finding the plaintiff was likely to prove infringement
of a valid claim and irreparable harm would likely result because
the plaintiff and defendant were the only players in the relevant
market, giving rise to an inference that an infringing sale would
amount to a lost sale for the plaintiff. The court also correctly
found the balance of equities is neutral and public interest weighs
in favor of an injunction. However, the form of the preliminary
injunction required correction on remand. As ordered, the
injunction extended to products other than
