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Whether a patentee has an automatic right to a permanent injunction once infringement is found?


The four-factor test was laid down: (i) the plaintiff has suffered irreparable injury (ii) remedies available at law are inadequate to compensate that injury; (iii) considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; (iv) the public interest would not be disserved by an injunction.

Upon the finding of a patent infringement, an injunction should not be awarded automatically, nor should one be denied merely because the Plaintiff does not use the claimed invention.

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