The Sky Is Not Falling
An article appearing in IPO Daily News bemoans a recent decision (Voda v. Cordis Corp.) of the Court of Appeals for the Federal Circuit – the patent appeals court – as upholding the “categorical rule” that a “patent owner cannot obtain a permanent injunction by showing irreparable harm to its exclusive licensee.” The anguish is misplaced for two reasons: (1) the Court did not so hold; and (2) the entire problem could have been avoided if the patentee had employed better legal tactics.