Smith & Nephew, Inc. v. Synthes (U.S.A.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• hardship for loss of sales and for ceasing operations is not sufficient because they are direct consequences of the illegal patent infringement
• “As a,general matter, the public maintains-an interest in protecting the rights of patent holders, and injunctions serve that interest.”
• district court’s declining to consider expenses incurred as a consequence of patent infringement
• “Even if Synthes were to terminate its sales of the infringing products voluntarily, it would be free to return to its offending conduct, thereby further imposing monetary and intangible losses on Smith & Nephew.”
• “The loss of market share and the resulting lost profits and loss of brand name recognition which Smith & Nephew suffered because of Synthes' continued sale of the infringing products constitute injuries that are both incalculable and irreparable.”
• “Monetary damages generally are not an adequate remedy against future infringement”

Source: CourtListener parenthetical corpus (CC0).