Invista North America S.A.R.L., et al. v. M&G USA Corporation, et al., C.A. No. 11-1007–SLR, December 28, 2015.

Robinson, J. Defendants’ motion for relief from continued application of injunction is granted.

In March, 2014, plaintiffs’ motion for a permanent injunction was granted based on the fact that the parties were the only two manufacturers of “high barrier” monolayer polyester barrier resins in the relevant market; a sufficient nexus between the patented design and customer demand warranted relief; plaintiffs would suffer irreparable injuries; and plaintiffs’ then current minimal sales were due to competition from defendants. Since that time, the patent-in-suit has been invalidated in reexamination and the Federal Circuit has already affirmed the jury verdict of validity. In addition, the product competing with defendants’ enjoined product is no longer a commercial embodiment of the patent-in-suit. This change in circumstances warrants the relief sought by defendants.