Legal Opinion

Odetics, Inc. v. Storage Technology Corp.

District Court, E.D. Virginia

Decided June 5, 1998No. CIV. A. 95-881-APublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

Can a patentee who is guilty of laches and barred from recovering past infringement damages obtain an injunction prohibiting future use of infringing products manufactured and sold during the laches period?

This is the central remedies question presented in this case following a jury verdict of infringement. And surprisingly, the question appears to be one of first impression in the reported ease law, notwithstanding the frequency with which one might reasonably expect it to arise. 1 Also presented are the questions whether an injunction should issue in…

2Cases cited42 opinions

  1. Hilton v. BraunskillSupreme Court of the United States · 1987
  2. Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
  3. Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
  4. A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
  5. Continental Paper Bag Co. v. Eastern Paper Bag Co.Supreme Court of the United States · 1908

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3Cited by16 opinions

  1. Odetics, Inc. v. Storage Technology Corporation, Visa International Service Association, Inc., Visa Usa, Inc. And Crestar Bank, Inc., Defendants-CrossCourt of Appeals for the Federal Circuit · 1999
  2. MercExchange, L.L.C. v. eBay, Inc.District Court, E.D. Virginia · 2007
  3. Belden Technologies Inc. v. Superior Essex Communications LPDistrict Court, D. Delaware · 2011
  4. MercExchange, L.L.C. v. eBay, Inc.District Court, E.D. Virginia · 2003
  5. Odetics, Inc. v. Storage Technology Corp.District Court, E.D. Virginia · 1998

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