In Acumed LLC v. Stryker Corp., 551 F.3d 1323 (Fed. Cir. 2008), the Federal Circuit affirmed the grant of a permanent injunction enjoining Stryker from making and selling a putatively infringing orthopedic nail product.
Acumed v. Stryker: eBay v. MercExchange Revisited
In <i>Acumed LLC v. Stryker Corp.</i>, the Federal Circuit affirmed the grant of a permanent injunction enjoining Stryker from making and selling a putatively infringing orthopedic nail product. In so deciding, the Federal Circuit declined to articulate a bright-line rule governing the grant of permanent injunctions in patent infringement actions. Nevertheless, the <i>Acumed</i> decision is instructive with respect to how the courts may apply the rule of <i>eBay Inc. v. MercExchange, L.L.C.</i> in patent infringement cases and the facts that may be adduced to secure — or defeat — the grant of injunctive relief.
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Robert E. Alderson, JR. And Paul Dennis ConnuckThis premium content is locked for The Intellectual Property Strategist subscribers only
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