Stay of a Permanent Injunction Pending

By Ben Snitkoff 
On June 27, 2013, Judge Zobel, in the District of Massachusetts, issued a post-trial order granting a permanent injunction, but stayed that injunction pending resolution of a co-pending reexamination before the Patent and Trademark Office. This case serves as an interesting study in balancing the factors for an injunction, and the effect a pending inter partes reexamination or inter partes review proceeding may have on that analysis.

The plaintiff, Smith and Nephew, Inc. (“S&N”) sued Interlace Medical, Inc. and Hologic, Inc. (collectively, “Hologic”) for infringement of two patents relating to arthroscopic surgical instruments and endoscopic cutting devices. After a ten-day trial, the jury found all the asserted claims valid and infringed. Continue reading “Stay of a Permanent Injunction Pending”