Eplus, Inc. v. Lawson Software, Inc.

I agree that, once this Court affirmed the PTO’s cancellation of claim 26 of the '683 patent, an ongoing injunction barring infringement of that patent could no longer stand and must be vacated prospectively. That conclusion comes easily; as the majority notes, even Appellant’s counsel conceded the point during oral argument. Maj. Op. at 1356. The more difficult question is whether Appellees are relieved of all penalties for having violated the injunction during the four years it was in place before the PTO’s cancellation was affirmed.1

On this second question, the majority concludes that…