Legal Remedies Inadequate

  • Monetary Relief Inadequate Remedy Where Difficult To Quantify Monetary Harm. Apple IV (Fed. Cir. 12/16/12) (2-1) [modifying and replacing Apple IV (Fed. Cir. 09/17/15) (2-1)] (vacating denial of permanent injunction; lost sales difficult to quantify “due to the ‘ecosystem effect’—that is, the effect the sale of a single product can have on downstream sales of accessories, computers, software applications, and future smartphones and tablets.”); accord Metalcraft (Fed. Cir. 02/16/17) (aff’g preliminary injunction based in part on trial court finding that ‘it is impossible to quantify the damages caused by the loss of a potentially lifelong customer.’”)
  • Lack Of Direct Competition Is Factor That Monetary Remedies Are Adequate: ActiveVideo (Fed. Cir. 08/24/12) (where patent owner’s customer, not patent owner, competed with infringer, the customer’s loss of market share led to decreased license fees to patent owner, which can be adequated compensated by an ongoing royalty.).

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