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“Plaintiff’s primary focus is on growing a customer base specifically around the product with which Defendant’s infringing product competes. And, as Plaintiff is a relatively new company with only one primary product, loss of market share and of customer base as a result of infringement cause severe injury,” he wrote.
In denying the stay of a permanent injunction, Folsom said EchoStar had not demonstrated “a strong likelihood of success on appeal that would overturn the jury’s verdict on all infringed claims.”
Stephen Akerley, a patent litigation partner at McDermott, Will & Emery in Palo Alto, calls Folsom’s ruling “a rational application” of the eBay ruling.
“It shows that courts will still not hesitate to issue an injunction when the parties involved are competing head-to-head against each other,” Akerley said.
