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There are two types of injunctions generally available in a patent-infringement law suit: preliminary and permanent.

A preliminary injunction is granted in a patent infringement action’s early stages, and it strains the defendant from conduct, such as manufacturing the product, during the pending litigation. If the plaintiff wins the lawsuit, the preliminary injunction will likely convert to a permanent one.

Before the U.S. courts will grant a preliminary injunction, the following criteria must be met:

  • the plaintiff must demonstrate a reasonable likelihood of success on the merits of the case (i.e., the patent at issue is valid and likely infringed);
  • the plaintiff will be irreparably harmed if the injunction is not issued;
  • the threatened harm to plaintiff outweighs the injunction’s harm upon the defendant; and
  • an injunction will serve the public interest.

A permanent injunction remains in effect throughout the patent’s enforceability term.

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