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Voda v. Cordis Corp.: Catheters Won't Relieve the Pressures Facing Injunction Seekers

By Clay Holloway

After a successful willful infringement verdict, which subsequently resulted in treble damages, the issue of willful infringement may not yet be decided. But the Federal Circuit's refusal to take the opportunity to provide guidance on the new “objective recklessness” standard for willful infringement set forth in In re Seagate, 497 F.3d 1360 (Fed. Cir. 2007), is not as significant as its holding on the cross-appeal issue of permanent injunction. Despite the Supreme Court's statements in eBay v. MercExchange, LLC, 547 U.S. 388, 391 (2006), the Federal Circuit held that exclusive licensees who do not practice the patented invention can be made whole through damages, making injunctive relief that much harder to get.

The Underlying Case

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