March 1, 2016

Questions About Patent Validity Snuff Preliminary Injunction in Artificial Candle Case

By Bryan K. Wheelock, Principal

In Luminara Worldwide, LLC v, Liown Electronics Co., Ltd., [2015-1671] (February 29, 2016), the Federal Circuit vacated a preliminary injunction on U.S. Patent Nos. 7,837,355; 8,070,319; and 8,534,869, directed to flickering artificial candles.  The Federal Circuit rejected the accused infringer’s challenge that plaintiff did not have sufficient rights to enforce the patents, but agreed that there were substantial questions about the patent’s validity,