Injunctive relief, also known as an “injunction,” is a legal remedy that may be sought from the courts to require a defendant to stop doing something (or requiring them to do something).
One remedy is injunctive relief, which restrains the defendant from future copying of the work. A preliminary injunction can be sought early in the case to restrain copying during the lawsuit.
In many cases, a contract will include an injunctive relief clause stating that one or both parties are entitled to relief to prevent them from suffering harm due to a breach of contract.
An alleged infringer can assert a number of common defenses in response to a patent infringement claim, including: ∎ A defense of non-infringement (see Non-infringement). ∎ Invalidity defenses based on prior art (see Prior Art Invalidity).
What Is an Example of Injunctive Relief? Theft of Clients: If a former employee poaches a company's clients, the innocent party may try to stop the former client from causing further damage. Breach of Contract: Injunctive relief is an effective way to stop an offending party from continuing to breach a contract.
In many patent suits, patent holders seek injunctive relief to prevent an accused infringer from continuingto practice the patented invention. Whether an injunction can be granted depends on various considerations a judge may weigh under her equitable powers.
Injunctive relief in a breach of contract claim is a court-ordered legal remedy whereby the court orders a party to either do something or refrain from doing something. Injunctive relief is sought when a breach of contract threatens to cause irreparable harm that can't be adequately compensated by monetary damages.