Relief from Permanent Injunction Denied Where the Enjoined Party had Ample Warning of Injunction and Claimed to have Noninfringing Alternatives

The court rejected plaintiff's requests to stay a permanent injunction pending appeal or for a six-month transition period, but the court allowed a ten-day period to disseminate the injunction order. "[Plaintiff] professed to have non-infringing alternatives available and has had notice of the possibility that a permanent injunction would be imposed for at least three months. . . (and should have had notice of the possibility at least since the jury’s verdict [almost four months ago], and probably for years, during the pendency of this litigation). Under these circumstances, the burdens of implementing those non-infringing alternatives after a finding of infringement properly rest on [plaintiff]."

Transamerica Life Ins. Co. v. Lincoln National Life Ins. Co., 1-06-cv-00110
(IAND June 8, 2009, Memorandum Opinion & Order) (Bennett, J.)