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As noted before, the tech companies that want to limit the use of injunctions in patent infringement cases have been rather remiss in spelling out their argument.
Micron has taken up this challenge, and sent us a White Paper arguing the pro-limit-injunctions position. Its basic argument is that the Federal Circuit, by adopting a rule that an injunction should be granted pretty much automatically upon proof of infringement, is simply not giving effect to all of the language of 35 U.S.C. sec. 283, which says:
The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable. The same contention is made in the recently filed Petition for Cert in the MercExchange case.
posted by James DeLong @ 2:02 PM | Patents
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