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IP News

By Howard J. Shire and Joseph Mercadante

Federal Circuit Confirms That the Presumption of Irreparable Harm Has Been Cast Aside, Still Directs Entry of Injunction

On Oct. 13, 2011, the Federal Circuit issued its opinion in Robert Bosch LLC v. Pylon Manufacturing Corp., Case No. 2011-1096. In the underlying lawsuit concerning wiper blade technology, a jury found that Pylon infringed several valid claims of the Bosch patents-in-suit. Despite the jury's infringement finding, the district court denied Bosch's motion for a permanent injunction against Pylon, a Bosch competitor in the wiper blade market, concluding that Bosch failed to show it would suffer irreparable harm if Pylon was not enjoined. Slip Op. at 4.

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