直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Affirmed Preliminary Injunction Leaves Water Balloon Infringer All Wet

February 06, 2017

Authored and Edited by Jonathan J. Fagan; Kevin D. Rodkey; Elizabeth D. Ferrill

In Tinnus Enterprises, LLC v. Telebrands Corp., No. 16-1410 (Fed. Cir. Jan. 24, 2017), the Federal Circuit affirmed the district court’s grant of a preliminary injunction, finding no clear error in that decision.

Tinnus sued Telebrands for infringement of Tinnus’s patent directed to a hose attachment that fills multiple water balloons at once. Tinnus moved for a preliminary injunction, which was granted by the district court.

On appeal, the Federal Circuit affirmed. The court concluded that it was not improper for the district court to rely on Telebrands’ instruction manuals to show infringement when analyzing the likelihood of success on the merits. The court also rejected Telebrands’ invalidity challenge that the claim term “substantially filled” was indefinite. As the court explained, according to the patent, “if the balloons detach after shaking, then they are ‘substantially filled.’” The court “[found] it difficult to believe” that the person of ordinary skill in the art, reading the specification, “would be unable to determine with reasonable certainty when a water balloon is ‘substantially filled.’” The court then determined that there was no error in the district court’s finding of irreparable harm to Tinnus. The court explained that the district court’s use of evidence from before the patent issued was “circumstantial evidence demonstrating the possibility of identical harms once the patent issues,” and also concluded that the district court properly relied on post-issuance evidence that precludes finding clear error.

Tags

indefiniteness (35 USC § 112), Obviousness (35 USC § 103), preliminary injunction

Contacts

Jonathan J. Fagan
Associate
Washington, DC
+1 202 408 4119
Email
Kevin D. Rodkey
Partner
Atlanta, GA
+1 404 653 6484
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Copyright © 2017 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Conference

IAM Live: Navigating the UPC 2026

November 3, 2026

Paris

Federal Circuit IP Blog

Federal Circuit Vacates and Remands Infringement and Damages Judgment After Erroneous Verdict Form and Eligibility Analysis

July 8, 2026

Federal Circuit IP Blog

“2” Does Not Provide Written Description Support for “1”: Federal Circuit Affirms District Court’s Invalidation of Patent

July 8, 2026

At the PTAB Blog

Federal Circuit PTAB Appeal Statistics for March–May 2026

July 2, 2026

Articles

EPR Academy, Part 4 of 6: Choosing Between EPR, IPR, PGR, and Reissue

July 1, 2026

Articles

Article_D.-Mass-Patent-Litigation-Update-October-2024

D. Mass. Patent Litigation Update: May 2026

June 30, 2026

At the PTAB Blog

Deadline Evolution: Director Extends Deadline for Requesting Director Review of Institution Grants to 30 Days

June 30, 2026

Articles

How Low Can You Go? Courts Lower Marking Defense Burden, Raising Patent Damages Risks

June 29, 2026

Federal Circuit IP Blog

Redesigns Done Right at the ITC: Federal Circuit Affirms ITC Determination of Noninfringement of Redesigned Products

June 26, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP