Thursday, January 27, 2011

Infringement by Direct Competitor Warrants Permanent Injunction

Plaintiff's motion for a permanent injunction precluding infringement of its guitar tuning patent was granted. "In this case, [plaintiff] is irreparably injured by the continuing patent infringement by [defendant]. The infringement devalues the patent and gives an advantage to competitors in the industry . . . by piggybacking on [plaintiff's] patented technology. The infringement will continue without an injunction, so money damages are inadequate. The balance of hardships favors the injunction, because it is a greater hardship to [plaintiff] to have its valid patent infringed upon than to allow [defendant] to continue infringing.

Ernie Ball Inc. v. Earvana, 5-06-cv-00384 (CACD January 21, 2011, Order) (Nguyen, J.).

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