Edge v. Aguila was a 
nonprecedential case decided on December 21, 2015 on appeal from the Southern District of Florida. There, plaintiff-Edge sued Defendant-Aguila for patent, trademark, and trade dress infringement. After the Magistrate Judge’s recommendation, the district court granted Edge’s motion for preliminary injunction. Aguila appealed.
The Federal Circuit affirmed the preliminary injunction grant.
Under Winter v. Natural Resources Defense Council, a party seeking a preliminary injunction must show “(1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm in the absence of preliminary relief”; (3) the balance of equities tips in his favor”; and (4) an injunction is in the public interest.”
For preliminary injunction for patent infringement, under the first factor, a patentee must show “it will likely prove infringement of one or more claims of the patents-in-suit,” and that at least one of those allegedly infringed claims will “likely withstand the validity challenges presented by the accused infringer.” The district court’s infringement analysis has two steps: (1) “the court determines the scope and meaning of the asserted claims”; and (2) “the properly construed claims are compared to the allegedly infringing device.” The preliminary injunction “should not issue if an alleged infringer raises a substantial question regarding either infringement or validity, i.e., the alleged infringer asserts an infringement or invalidity defense that the patentee has not shown lacks substantial merit.”
The Magistrate Judge found that Edge established infringement consistently with the patent claim’s ordinary and customary meanings. Given these findings, the Federal Circuit held that Aguila “had not raised a substantial question regarding infringement.”
Turning to the validity claim, the Federal Circuit held that “Aguila failed to raise a substantial question regarding validity.” To support its anticipation defense, Aguila “offered into evidence only the patents themselves, without any expert testimony or anticipation analysis.” So Edge was likely to prevail on Aguila’s patent invalidity challenge.
The Federal Circuit then held that Edge satisfied the remaining Winter factors because Aguila failed to argue otherwise.
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