By Kevin E. Noonan — A preliminary injunction is one of the most potent weapons in a patent plaintiff’s arsenal, being capable of shutting down an accused infringer’s continued infringement, prohibiting the infringing product from the stream of commerce, and forcing (or at least strongly motivating) a defendant to settlement. Being so powerful, such injunctions are not easily obtained and are cabined by several requirements, the most potent being the need to show a likelihood of success on the merits at trial. In Biomedical Device Consultants and Laboratories of Colorado, LLC v. Vivitro Labs, Inc., the Federal Circuit illustrated the…
