Thursday, March 11, 2010

Plaintiff's Refusal to License and Competition with Defendant Rendered Monetary Damages Inadequate

Plaintiff's post-trial motion for a permanent injunction was granted. "[The parties] are direct market competitors in a two-supplier market, contending for the business of 5,000 nationwide distributors. . . . In light of these market dynamics, the court concludes that [defendant's] infringement has seriously affected [plaintiff's] market position. . . . "Furthermore, [plaintiff] strategically declines to license the patent on its [product] and, instead, exploits its monopoly to exclude potential rivals. [Plaintiff's] licensing behavior illustrates the insufficiency of money damages for future infringement, for financial remuneration alone will not restore [plaintiff's] position as the exclusive non-infringing supplier of [these] products."

Arlington Industries v. Bridgeport Fittings, 3-01-cv-00485 (PAMD March 9, 2010, Memorandum & Order) (Conner, J.)

No comments: