Preliminary Injunction: The Trial Court’s Responsibilities

Titan Tire Corp. v. Case New Holland, Inc., No. 08-1078 (Fed. Cir. June 3, 2009):

Holding:

At the preliminary injunction stage, when analyzing the likelihood of success factor, the trial court, “must determine whether it is more likely than not that the challenger will be able to prove at trial, by clear and convincing evidence, that the patent is invalid.” Slip op. at 12.

Note:

At the preliminary injunction stage, “[i]nstead of the alleged infringer having to persuade the trial court that the patent is invalid, at this stage it is the patentee, the movant, who must persuade the court that, despite the challenge presented to validity, the patentee nevertheless is likely to succeed at trial on the validity issue.” Id. at 7.

“[T]he trial court could understand its task to involve not only examining the alleged infringer’s evidence of invalidity, but also considering rebuttal evidence presented by the patentee and determining whether the patentee can show that the invalidity defense “lacks substantial merit.” Id. at 8.

“[T]he patentee’s rebuttal of the challenger’s invalidity evidence is an important part of the court’s overall evaluation of the evidence.” Id.