Injunction Against Taiwan Manufacturer Not Yet Tied to U.S. Patent Infringement

摘要

A federal court shouldn't have issued a patent-related in-junction against a foreign company when only its U.S. affiliate was found to infringe, an appeals court held April 3 (Asetek Danmark A/S v. CMI USA Inc., 2017 BL 107753, Fed. Cir., No. 2016-1026, revised opinion 4/3/17). In a rare about-face, the U.S. Court of Appeals for the Federal Circuit changed the result of its Dec. 6 ruling. At that time, a 2-1 majority kept an injunction in place against Taiwan-based Cooler Master Co. while asking the U.S. District Court for the Northern District of Califor-nia to review its relationship to Chino, Calif.-based CMI USA Inc. Today's decision-formally a grant of a peti-tion for rehearing by the panel-adopts the view of dis-senting Chief Judge Sharon Prost, vacating the Cooler Master aspects of the injunction (Asetek Danmark A/S v. CMI USA Inc., 2017 BL 107780, Fed. Cir., No. 2016-1026, panel reh'g granted 4/3/17).