Merck & Co., Inc v. Danbury Pharmacal, Inc 873 F.2d1418 (Fed. Cir. 1989)
The US Court of Appeals for the Federal Circuit affirmed that patents are unenforceable in case of inequitable conduct before the patent office.
Case Summary
The US Court of Appeals for the Federal Circuit affirmed that patents are unenforceable in case of inequitable conduct before the patent office.
The Supreme Court in this case decided that patent holders do not have an automatic right to a permanent injunction in case of patent infringement. Instead, the decision whether or not to grant an injunction or an alternative remedy has to be decided on a case-by-case basis taking into account a traditional four-factor test.