Federal Circuit Rules It's Own Standards Apply When Considering Preliminary Injunctions

Addressing the issue of preliminary injunction standards in patent cases, the U.S. Court of Appeals for the Federal Circuit concluded that when it comes to determining whether a preliminary injunction should be issued in patent cases, the Federal Circuit's preliminary injunction standards apply, rather than those of the regional circuit in which the district court hearing the patent case sits. Revision Military Inc. v. Balboa Manufacturing Co., Case No. 11-1628 (Fed. Cir., Nov. 27, 2012) (Newman, J.).

Revision Military filed a patent infringement case in the U.S. District Court for the District of Vermont (part of the U.S. Court of Appeals for the Second Circuit), alleging that Balboa Manufacturing's new "Bravo" design protective goggles (also called "Bobster Bravo") copied and infringed Revision's "Bullet Ant" goggles covered by design patents. After the suit was filed, Revision moved for a preliminary injunction, seeking to enjoin Balboa from making and selling the Bobster Bravo goggles while the litigation was pending. In denying Revision's preliminary injunction motion the district court applied the Second Circuit's heightened standard of proof of likelihood of success on the merits, instead of the Federal Circuit standard for consideration of whether to impose such relief. Revision appealed.

The Federal Circuit, in reversing the district court's decision, held that the trial court should have used the standard articulated by the Federal Circuit:

"With respect to the applicable standard, the Federal...