Thursday, April 11, 2013

No Extension of Permanent Injunction Sunset Provision to Qualify Redesign

The court denied defendant's motion to extend the sunset provision of a permanent injunction from 18 to 26 months so that defendant's customers could qualify defendant's redesigned product. "[T]he Court never intended the sunset period as a guaranteed safe harbor for [defendant] and its customers, insulating them from the vicissitudes of product development. Having violated the patent laws, [defendant] has no entitlement to additional time to develop non-infringing products which it should have developed in the first instance had it honored [plaintiff's] patent rights."

Broadcom Corporation v. Emulex Corporation, 8-09-cv-01058 (CACD April 8, 2013, Order) (Selna, J.).

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