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November 29, 2012


Revision Military sued Balboa for infringing its protective eyewear design patents. The district court wrongly applied its own circuit law, rather than Federal circuit law, in denying a preliminary injunction, as well as applying an out-of-date criteria for determining whether an injunction should be granted. On appeal, that decision was reversed. The CAFC panel (2011-1628) also reminded that it has discarded its own earlier law with regard to figuring out whether to grant an injunction; instead reverting back to case law of 1871. That the courts make laws willy-nilly highlights that Congress is ever-negligent in writing statute, as well as the fact that court-fabricated law, particularly with regard to patents, is capricious.

Posted by Patent Hawk at November 29, 2012 1:23 PM | Design Patents