- Improper To Grant Permanent Injunction If Patent Owner Fails To Show It Will Not Disserve Public Interest: “If a plaintiff fails to show ‘that the public interest would not be disserved by a permanent injunction,’ then the district court may not issue an injunction.” Amgen (Sanofi) (Fed. Cir. 10/05/17); Bio-Rad (Fed. Cir. 08/03/20) (aff’g injunction that accounted for public interest by including carve out for products sold or in use before the effective date of the injunction, as long as infringer paid royalty on net revenue received until the expiration of the patents-in-suit).
- Narrowing Patient Choice From Two Medical Or Healthcare-Related Products To One Does Not Necessarily Harm Public Interest: Natera (Fed. Cir. 07/12/24) (aff’g preliminary injunction against competing tumor-informed MRD tests for detecting cancer relapse in two-product market where patent owner’s product is clinically validated for use with the same cancers as enjoined product, with carve-out for patients who had already started use with accused product).