Patent Law | Expert Legal Commentary
November 30, 2011
Bosch v. Pylon: Federal Circuit Confirms Elimination of the Presumption of Irreparable Harm in Permanent Injunction Analysis
Robert Bosch, LLC v. Pylon Manufacturing Corp.
By
Thomas F. Zuber and Sarah S. Brooks of Zuber & Taillieu
The Federal Circuit recently cleared the confusion resulting from eBay and confirmed that case eliminated the presumption of irreparable harm in permanent injunction analysis. In Robert Bosch, LLC v. Pylon Manufacturing Corp., 659 F.3d 1142 (2011 Fed. Cir.), the Federal Circuit reversed the district court and granted Bosch a permanent injunction without remand. The Court noted the “fundamental nature of patents as property rights” as basis for patent holders to continue to receive permanent injunctions against competitors, even without the shortcut of the presumption.
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About the Authors
Thomas F. Zuber is a Partner of Zuber & Taillieu, focusing on intellectual property protection and exploitation.
Sarah S. Brooks is an Associate of Zuber & Taillieu, focusing on intellectual property litigation.
Image Credit: ©iStockphoto.com/DSGpro
