- Infringer’s Cost Of Redesign Is Not Relevant: Expenses infringer incurred in creating the infringing product are irrelevant, as is the cost of redesigning the infringing products. i4i (Fed. Cir. 03/10/10) (aff’g permanent injunction but modifying its effective date).
- Lack Of Non-Infringing Alternatives Relevant: Bio-Rad (Fed. Cir. 08/03/20) (rev’g injunction barring sale of two products for which infringer, a smaller company, had not yet been able to develop non-infringing alternatives, despite patent owner having invested half a billion dollars in business).
- Relative Importance Of Patent Owner’s Product Accused Product To Their Respective Businesses Is A Factor: Power Probe (Fed. Cir. 03/13/25) (non-precedential) (aff’g preliminary injunction where expert testified that majority of patent owner’s Probe’s revenue was derived from product embodying the patent while defendant had numerous other streams of revenue apart from the accused product, so that balance of hardships favors patent owner).