Pending Reexamination “Tips the Balance” In Favor of Staying Permanent Injunction

The court granted plaintiff's motion for a permanent injunction, but stayed the injunction pending the conclusion of pending reexaminations. "[T]he balance of hardships weighs against a permanent injunction. . . . [I]f a permanent injunction issues, [defendant] will immediately lose its $266 million investment — and 159 of its employees will lose their jobs. . . . The decision here is extremely close. . . . [Plaintiff] will be entitled to a permanent injunction if the reexamination proceedings and any subsequent appeals are eventually resolved in [plaintiff's] favor. At present, however, the unresolved PTO reexaminations tip the balance against immediately enjoining [defendant]. I therefore allow [plaintiff's] motion for a permanent injunction, but stay that injunction until the reexaminations and any subsequent appeals therefrom are concluded."

Smith & Nephew, Inc. v. Interlace Medical, Inc., 1-10-cv-10951 (MAD June 27, 2013, Order) (Zobel, J.).