Innogenetics N.V. v. Abbott Laboratories
Upon a finding of patent infringement, a court may not award the patentee forward-looking damages and enjoin the infringer from future infringing activities.
Upon a finding of patent infringement, a court may not award the patentee forward-looking damages and enjoin the infringer from future infringing activities.
In lieu of an injunction, a district court may impose an “ongoing royalty” that requires future royalty payments from an infringer to a patentee, but allows the infringer to continue its infringing operations.
After a finding of infringement, the district court denied the patentee’s request for an injunction, and instead granted the infringer a compulsory license to permit future infringement.