Monday, December 10, 2012

Infringing Software Capable of Modification “Over the Course of a Weekend” or “Lunch Hour” Warrants Permanent Injunction

The court granted plaintiffs' post-trial motion for a permanent injunction regarding their prepaid gift card patent because plaintiffs established irreparable harm. "[T]his case involves unique circumstances because the accused product is a computer program and method, which by its nature is easily modified to either include or exclude a particular function. [Defendant] was able to remove the infringing portion of the source code over the course of a weekend, perhaps over the course of a lunch hour. It also is clear from the evidence presented at trial that [defendant] has the flexibility to adapt its product almost immediately to meet customer requirements. . . . Given the ease with which [defendant] can modify its product, and the difficulty [plaintiffs] would encounter attempting to detect and establish renewed infringement, the risk to [plaintiffs] is great.”

e2Interactive, Inc., et. al. v. Blackhawk Network, Inc., 3-09-cv-00629 (WIWD December 6, 2012, Order) (Crocker, M.J.).

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