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Research Organization Wins Permanent Injunction In Patent Case
Last update: 6/20/2007 4:37:04 PM

By Stuart Weinberg
Of DOW JONES NEWSWIRES

TORONTO (Dow Jones)--A Texas court has granted injunctive relief to a patent holder that doesn't compete against the firm infringing on its patent, marking the first time an injunction has been granted to a non-competitor since a 2006 U.S. Supreme Court decision changed the standard for awarding permanent injunctions.
The court ordered Buffalo Technology Inc., a Japanese maker of telecommunications hardware, to stop selling products that use wireless technology patented by Commonwealth Scientific and Industrial Research Organization (CSIRO), the principal research organization of the Australian government.
The decision is important because CSIRO licenses, but doesn't practise, its patents. Since May 15, 2006, when the Supreme Court issued its eBay Inc. (EBAY)-mercExchange LLC decision, only patent holders that practise their patents and compete against an infringing party have been winning injunctive relief. cont...