Robert Bosch LLC v. Pylon Manufacturing Corp., LLC

A presumption of irreparable harm no longer applies when determining whether injunctive relief is appropriate in a suit for patent infringement.

Robert Bosch LLC ("Bosch") sued Pylon Manufacturing Corp., LLC ("Pylon") for patent infringement of several patents Bosch held related to beam-type windshield wiper blades ("beam blades"). The United States District Court for the District of Delaware denied Bosch's post-trial motion for a permanent injunction, because "Bosch failed to show it would suffer irreparable harm." If a district court "expressly grants or denies an injunction, the order is appealable under [28 U.S.C.] §1292(a)(1), without regard to whether the appellant is able to demonstrate serious or irreparable consequences." A patentee seeking a permanent injunction must demonstrate: "(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and the defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction." The Court of Appeals for the Federal Circuit confirmed "eBay jettisoned the presumption of irreparable harm as it applies to determining the appropriateness of injunctive relief." Moreover, "without additional facts showing that the presence of additional competitors renders the infringer's harm reparable, the absence of a two-supplier market does not weigh against a finding of irreparable harm." Thus, the Court reversed the denial of Bosch's motion and REMANDED the case for entry of a permanent injunction.