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Post-KSR obviousness arguments cast sufficient "doubt" on validity to vacate preliminary injunction

By McKee, Voorhees & Sease, P.L.C.

In a decision yesterday, the Federal Circuit vacated a preliminary injunction entered in the Northern District of Ohio enjoining the selling and copying of a product used to practice a method claimed in a patent.  In doing so, the Federal Circuit utilized of the traditional four–factor test for preliminary injunctions and specifically analyzed the first factor, likelihood of success on the merits.  The court noted that a defendant need not prove actual invalidity of a patent in order to challenge this factor, only a substantial question of invalidity.  Therefore, it found that there was sufficient evidence of invalidity of the patent such that the factor of  likelihood of success on the merits was not met.  Judge Newman dissented, arguing that the "substantial question of validity" standard was inappropriate.

More details of Erico Int'l Corp.. v. Vutec Corp. after the jump.     

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Full post as published by FileWrapper on February 20, 2008 (boomark / email).