Biomedical Device Consultants and Laboratories of Colorado, LLC v. Vivitro Labs, Inc. (Fed. Cir. 2024)

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A preliminary injunction is one of the most potent weapons in a patent plaintiff’s arsenal, being capable of shutting down an accused infringer’s continued infringement, prohibiting the infringing product from the stream of commerce, and forcing (or at least strongly motivating) a defendant to settlement.  Being so powerful, such injunctions are not easily obtained and are cabined by several requirements, the most potent being the need to show a likelihood of success on the merits at trial….
By: McDonnell Boehnen Hulbert & Berghoff LLP
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