
Mitby Pacholder Johnson partner Timothy Johnson represented Import Global on appeal and presented the winning oral argument before the panel. The decision clears the way for Import Global to immediately resume distributing and selling its popular “Neat Socket” product line, which the district court had enjoined. Johnson joined the case only after the district court had already construed the patent claims and granted the plaintiff’s motion for a preliminary injunction.
According to Johnson, “Stepping into a case after the record has already been made can be difficult. We are grateful that the panel accepted our claim construction arguments and corrected the district court’s erroneous constructions. The panel also reaffirmed that, under Supreme Court precedent, patent owners are not entitled to a presumption of irreparable harm, and that the district court erred to the extent it relied on one.”
With the preliminary injunction vacated, the case returns to the district court for further proceedings consistent with the Federal Circuit’s opinion.
The Federal Circuit opinion can be found here.