Balance of Hardships

  • Infringer’s Cost Of Redesign Is Not Relevant: Expenses infringer incurred in creating the infringing product are irrelevant, as is the cost of redesigning the infringing products. i4i (Fed. Cir. 03/10/10) (aff’g permanent injunction but modifying its effective date).
  • Lack Of Non-Infringing Alternatives Relevant: Bio-Rad (Fed. Cir. 08/03/20) (rev’g injunction barring sale of two products for which infringer, a smaller company, had not yet been able to develop non-infringing alternatives, despite patent owner having invested half a billion dollars in business).

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