Friday, January 15, 2010

Prior License of Asserted Patent Does Not Bar Imposition of Permanent Injunction

Plaintiff was entitled to a permanent injunction even though it previously licensed the asserted patent to a third party to develop a video game based on plaintiff's patented board game. "The defendants insist that [plaintiff] has licensed its patent, which suggests that money damages are adequate. The Court disagrees. . . . Given that [plaintiff] and [the manufacturer defendant] are direct competitors and the retailer defendants stock only [the manufacturer defendant's product] and no others, the Court finds that [plaintiff] has shown irreparable injury for which no adequate remedy at law exists."

Innovention Toys, LLC v. MGA Entertainment, Inc. et al., 2-07-cv-06510 (LAED January 13, 2009, Order) (Feldman, J.)

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