Have you ever taken someone to court, based on ongoing offending activities of that person, won the case, and then found he/she was once again engaging in “the same” offensive activity? If so, you are probably aware that a Court Order is enforceable through a “Contempt Action” to prevent the person from engaging in the activity. Well, assume you own a patent, and a competitor infringes that patent – an ongoing tortious activity. Assume further that you sue the competitor in Federal District Court for patent infringement. And, during litigation, the competitor concedes the product it makes and markets infringes (some of) the patent claims. The district court issues an Order with an injunction enjoining the competitor from engaging in any further infringing activity, such as marketing or making the infringing product.
Carstens & Cahoon, L.L.P – Providing services in the following areas of law:
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