ABC Corp. I v. Partnership & Unincorporated Associations, No. 22-1071 (Fed. Cir. 2022)
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The plaintiffs own four design patents on hoverboards and sued the appellants claiming that products sold by the appellants infringed the plaintiffs’ patents. The plaintiffs obtained a temporary restraining order, followed by a preliminary injunction, prohibiting the appellants from “offering for sale, selling, and importing any products not authorized by Plaintiffs and that include any reproduction, copy or colorable imitation of the design claimed in the Patents-in-Suit.” The Federal Circuit reversed, holding that the entry of the preliminary injunction was procedurally improper for lack of Rule 65(a) notice.
After the court entered a second injunction, the Federal Circuit again reversed. The plaintiffs established a likelihood of success on the merits that the accused products infringed one or more claims of the asserted patents. The district court failed to apply the "ordinary observer" test on a product-by-product basis, which is particularly important here in light of significant differences among the accused products themselves.
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