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