Two Federal Circuit Rulings Clarify the Standard for Preliminary Injunction Motions and the Use of Online References as Prior Art


In two recent cases, the Federal Circuit discussed the standard to apply in deciding whether to grant a preliminary injunction for patent infringement and when an online reference may be used as prior art to invalidate a patent.

Preliminary Injunctions -

In the first decision, the Federal Circuit vacated a District Court ruling that applied the Second Circuit’s standard to a preliminary injunction motion, holding that the Federal Circuit’s less stringent standard applies in patent infringement cases. Revision Military Inc. v. Balboa Mftg. Co., Case No. 2011 1328 (Fed. Cir. Nov. 27, 2012).

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