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Judge Stark Denies Motion for Injunction Banning Export of Surgical Products After Finding of Infringement

Judge Stark recently had occasion to consider a patent plaintiff’s request for a temporary restraining order and preliminary injunction filed after a jury found the plaintiff’s patents valid and infringed. The plaintiff, Synthes, asked the court to enjoin exportation of accused products for sales overseas. Depuy Synthes Prods., LLC v. Globus Med., Inc., C.A. No. 11-652-LPS, Memo. Order at 1 (D. Del. Aug. 22, 2013). Judge Stark found, however, that the plaintiff had not demonstrated irreparable harm. Judge Stark’s finding was based on evidence, presented at trail and in the briefing on the motion, showing that consumers use the defendant, Globus’, products for reasons other than the patented features. Judge Stark further pointed out that “[e]ven if Synthes could establish that Globus’ remaining inventory is purchased based on the patented features, ‘lost sales standing alone are insufficient to prove irreparable harm.’” Id. at 2-3 (citations omitted). Accordingly, there was no “clear showing” of a risk of irreparable harm. Finally, Judge Stark found that “Synthes may be adequately compensated through a reasonable royalty.” Id. at 4. For these reasons, Judge Stark denied the motion for a temporary restraining order and preliminary injunction.

Depuy Synthes Prods., LLC v. Globus Med., Inc., C.A. No. 11-652-LPS, Memo. Order (D. Del. Aug. 22, 2013).

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