Benesch Partners Tara Raghavan, Manish Mehta and Mircea Tipescu were mentioned in Law360 for their representation of Sharda USA in a closely watched patent dispute with FMC Corp. The article discusses the Federal Circuit’s precedential decision to vacate a preliminary injunction that had barred Sharda from selling its insecticide product, "Winner."
The appellate court found that the lower court’s interpretation of the term “composition” was improperly narrow and affected its validity analysis, including issues of anticipation and obviousness. In its ruling, the Federal Circuit emphasized that a defendant only needs to raise a “substantial question of invalidity” to defeat a preliminary injunction, not prove invalidity outright.
Read the full article here.