Assigning Monetary Value to Past Infringement Does Not Undermine Plaintiff's Request for Permanent Injunction

The court denied defendant's motion for summary judgment as to plaintiff's request for permanent injunctive relief. "[T]he mere fact that Plaintiffs have assigned a monetary value to past infringement, does not mean that the same monetary assessment applies to future infringement. There can be no retroactive injunctive relief, so Plaintiffs have no option but to attempt to assign a monetary value to their current loss, this does not necessarily mean that the monetary compensation can fully address their losses, only that there is no other remedy available for past injuries. Further . . . There are material issues of fact relating to the assessment of the equities in this case that preclude a finding of summary judgment on this basis."

Bendix Commercial Vehicle Systems LLC, et al v. Haldex Brake Products Corp., 1-09-cv-00176 (OHND August 19, 2010, Memorandum Opinion & Order) (Nugent, J.)