A recent split decision by the U.S. Court of Appeals for the Federal Circuit illustrates the divisions in the court over the standards for preliminary injunctions as well as for patent invalidity based on obviousness.
On Jan. 9, the majority in Celsis In Vitro Inc. v. CellzDirect Inc. affirmed a preliminary injunction for Celsis against CellzDirect and Invitrogen Corp. issued by Judge Milton Shadur of the Northern District of Illinois. Life Technologies is the successor company to Invitrogen Corp. and CellzDirect’s parent company.
