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Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision
On Jan. 24, 2017, a Federal Circuit panel of Judges Moore, Wallach, and Stoll issued a unanimous opinion, authored by Judge Stoll, in Tinnus Enterprises, LLC v. Telebrands Corp., Case No. 2016-1410. The panel affirmed the Eastern District of Texas' grant of a preliminary injunction barring Telebrands Corp. (Telebrands) from selling its accused product, Balloon Bonanza, or any colorable imitation thereof.
Tinnus Enterprises, LLC (Tinnus) produces a toy for filling water balloons covered by U.S. Patent No. 9,051,066 (the '066 patent), “Bunch O Balloons,” which competes with Telebrands “Balloon Bonanza.” Id. Both products attach to a hose and are designed to fill multiple water balloons at once by channeling water into the balloons through a set of hollow tubes. Id. Tinnus sued Telebrands for infringement of the '066 patent, and subsequently moved for a preliminary injunction. Id. at 3. The district court granted Tinnus' motion. Id. Shortly thereafter, the Patent Trial and Appeal Board (PTAB) instituted a post-grant review proceeding (PGR) on the '066 patent, finding all claims were more likely than not invalid. Id. While Telebrands' appeal of the preliminary injunction was pending, the PTAB issued a Final Written Decision concluding that the claims of the '066 patent are indefinite. Id. at 13 n.7.
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