Tuesday, June 19, 2012

Permanent Injunction Will Not Require Pre-Approval of Design-Around Products

Following a bench trial, the court rejected plaintiffs' motion for a provision in a permanent injunction requiring defendants to provide a new design-around product to plaintiffs' counsel for testing before introducing the product in the U.S. "[N]othing in the record demonstrates that this is an exceptional case which warrants extensive injunctive relief. In fact, the injunction orders are yet to be entered, and no evidence indicates that the Defendants will violate any proposed provisions."

MeadWestvaco Corporation, et. al. v. Rexam PLC, et. al., 1-10-cv-00511 (VAED June 12, 2012, Order) (Lee, J.).

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