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Judge Stark grants permanent injunction.

In a recent memorandum order, Judge Leonard P. Stark granted a plaintiff’s motion for a permanent injunction.  Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc., et al., C.A. No. 08-309-LPS (D. Del. June 30, 2014).  The Court found that the plaintiff demonstrated irreparable harm in the form of lost sales and price erosion resulting from the defendants’ (the plaintiff’s biggest competitor) infringement, and that the damage to the plaintiff’s “reputation as an innovator” as well as the “incumbency effects of” the defendants’ taking sales from the plaintiff through its infringement could not adequately be remedied by money damages.  The infringing sales also accounted for only a fraction of the defendants’ annual revenue, whereas the plaintiff’s revenue was based largely on its patented products, such that the balance of hardships weighed in favor of an injunction.  Finally, the Court found that an injunction would serve the public interests of encouraging innovation and protecting property rights.  The Court therefore enjoined the defendants from selling the products found to infringe at trial, as well as “those products ‘not colorably different’ from them.”

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