By Dennis Crouch
Vasculary Solutions v. Boston Scientific (Fed. Cir. 2014)
In a one-paragraph non-precedential decision, the Federal Circuit has vacated the district court’s preliminary injunction.
A preliminary injunction is a ‘drastic and extraordinary remedy that is not to be routinely granted.’ Nat’l Steel Car, Ltd. v. Canadian Pac. Ry., Ltd., 357 F.3d 1319, 1324 (Fed. Cir. 2004) (citing Intel Corp. v. ULSI Sys. Tech., Inc., 995 F.2d 1566, 1568 (Fed. Cir. 1993)). As evidenced by the extended argument before this court, there are too many unresolved issues at this stage of the case and the record is too incomplete on issues of claim construction, infringement, and ultimate validity to warrant the grant of a preliminary injunction. For these reasons, we vacate the preliminary injunction.
A preliminary injunction requires that the movant (typically the patentee) show a likelihood of success on the eventual merits of the case. Here, the court’s basic take-away is that the “likelihood of success” should be based on a substantially complete understanding of the merits and not merely a guess.