Polara Engineering, Inc. v. Campbell Company, 8-13-cv-00007 (CACD April 26, 2017, Order) (McCormick, MJ)
Friday, April 28, 2017
No Modification of Injunction Against Direct Competitor to Allow Infringing Sales for Orders Placed Before Trial
The court denied defendant's motion to modify a permanent judgment to allow it to fulfill orders of infringing products that were placed long before trial. "[T]he evidence at trial indicated that [the parties] are the only two suppliers of two-wire APS systems. The Court thus finds that modifying the injunction will cause [plaintiff] irreparable harm. . . . [T]he Court cannot help but observe that the Court’s permanent injunction did not arrive suddenly or without warning, thus diminishing the persuasiveness of [defendant's] public-interest argument. [The Court] found that the [accused] device was infringing and granted partial summary judgment nearly three years ago, the jury verdict rejecting [defendant's] invalidity and unenforceability defenses was handed down almost ten months ago, and [plaintiff] moved for a permanent injunction over seven months ago."