Thursday, November 13, 2008

Permanent injunction warranted despite plaintiff's concession that it would have entertained the possibility of a license to defendant

"Although plaintiff's willingness to forgo its patent rights (generally) for compensation may be inconsistent with the notion that money damages are inadequate, it is certainly not a dispositive factor. . . . [Rather], the utmost import in the context of evaluating irreparable harm and the adequacy of money damages is the nature of the competition between plaintiff and defendant in the [relevant] market. . . .This case presents the unique situation in which defendant, by its launch of an infringing product, gained market entry in a critical period."

Callaway Golf Co. v. Acushnet Co., 1-06-cv-00091 (DED November 10, 2008, Memorandum Opinion)

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