Injunctive Relief for Patent and Copyright Infringement (Intellectual Property Law Series)

THIS CASEBOOK contains a selection of 44 decisions that analyze and interpret the requirements to obtain injunctive relief in copyright and patent disputes. The selection of decisions spans from 2003 to the date of publication. Also included are two Supreme Court opinions and the full text of Rule 65 of the Federal Rules of Civil Procedure (Injunctions and Restraining Orders).

A preliminary injunction is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (citing Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (per curiam)). "A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Id. at 20; see also Titan Tire Corp. v. Case New Holland, Inc., 566 F.3d 1372, 1375-76 (Fed. Cir. 2009). If the accused infringer "raises a substantial question concerning either infringement or validity," then the [plaintiff] has not established that it is likely to succeed on the merits, and a preliminary injunction is not appropriate. See Amazon.com, Inc. v. Barnesandnoble.com, Inc., 239 F.3d 1343, 1350-51 (Fed. Cir. 2001); Oakley, Inc. v. Sunglass Hut Int'l, 316 F.3d 1331, 1340 (Fed. Cir. 2003). Lifescan Scotland, Ltd. v. Shasta Technologies, LLC, (Fed. Cir. 2013)