In the MedTech Strategist article “Using Injunctions to Protect MedTech IP,” partner Irfan Lateef and associate Isabella Pestana consider how, when an IP dispute arises, medical device companies can leverage injunctive relief to protect their innovations.
Lateef and Pestana address the four factors that judges weigh when considering a preliminary injunction against an infringing party:
- Whether the patent holder will suffer irreparable harm;
- Whether other remedies available at law, such as monetary damages, are adequate to compensate for the infringement;
- Whether the balance of hardships favors injunctive relief;
- Whether the public interest will be harmed by injunctive relief
The authors detail each of these standards and provide corresponding examples of cases in which the patent holder was successful in demonstrating the factor at issue. Additionally, Lateef and Pestana share data visualization of preliminary injunction outcomes that illustrates the overall pattern of success rates in using this strategy.
“In conclusion,” the authors write, “medical device companies should understand the equitable factors underlying patent injunctions. Permanent injunctions serve as a potent tool for protecting intellectual property, providing that patentees demonstrate diligent enforcement and adherence to the principles guiding equitable relief.”
Read the full article here.
