Design Patent Case Digest: Revision Military, Inc. v. Balboa Manufacturing Company
- Tracy-Gene G. Durkin and David K.S. Cornwell
- Sterne, Kessler, Goldstein & Fox
In November 2012, The United States Court of Appeals for the Federal Circuit vacated and remanded the denial of motion for the preliminary injunction. According to the Federal Circuit, a preliminary injunction enjoining patent infringement under 35 U.S.C. § 283 involves substantive matters of patent law and is governed by Federal Circuit law, not regional circuit law. Thus, the Federal Circuit’s lower “more likely than not” to succeed standard should have been applied, not the Second Circuit’s “clear” or “substantial” likelihood of success applied by the district court.
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