Wednesday, January 26, 2011

Permanent Injunction May Include "Safeguards To Prevent U.S. Importation Of End Products Containing The Accused Products"

The court granted in part plaintiff's request to include a provision in a permanent injunction that precluded defendants from selling their products outside the U.S. to customers without adequate safeguards to prevent U.S. importation of end products containing the accused products. "An injunction 'cannot impose unnecessary restraints on lawful activity.'. . . [Plaintiff] is, however, entitled to an injunction directed toward Defendants‘ activities which cause domestic infringement as well as the activities of those persons or companies acting in concert with Defendants. . . . Given the jury‘s finding of induced infringement, [plaintiff] is entitled to an injunction that requires Defendants to provide the following Notice and a copy of this Order included with any shipped [enjoined products] or with the bill of sale for [enjoined products]. . . ."

SynQor, Inc. v. Artesyn Technologies, Inc., et. al., 2-07-cv-00497 (TXED January 24, 2011, Order) (Ward, J.).

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