H.H. Robertson, Co. v. United Steel Deck, Inc. (901422128)

Read for 4/27/11

Decided by the CAFC in 1987
USD appealed the injunction of the DC in favor of Robertson
- CAFC affirms
Robertson owns patent for "Bottomless Sub-Assembly for Producing an Underfloor Electrical Cable Trench"
- Moved for preliminary injunction based on reasonable probability of success of infringement proceedings
In determination of preliminary injunction all burdens that would apply at a trial still hold
USD argued invalidity based on obviousness
- A previous infringer had used the same prior art to attempt to prove invalidity and had failed
Agree that Robertson proved a reasonable likelihood of a finding of validity in the future
USD argues against the DC's construction of the term "bottomless"
- CAFC uses the same construction
Find no error in the DC's analysis of the infringing device which concluded that the key portion of the tench remains bottomless - as stipulated by the patent
CAFC again agrees there is a reasonable probability of finding for Robertson on the infringement issue
Must also prove lack of an adequate remedy at law or other irreparable harm
- Nature of patents lend to irreparability
In this case the equities weigh heavily against USD

Relief is authorized by statute
- To prevent the violation of any right secured by patent
Within authority of trial court
Third Circuit Standard - an applicant for preliminary injunction must show"
- Reasonable probability of eventual success
- Irreparable injury if relief is not granted
- Secondary
  - Harm to other parties of interest
  - Public interest
Have to weigh the magnitude of the threatened injury to the patent holder with the injury to the accused if the preliminary decision is wrong

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