When initiating a patent infringement action, there are a variety of tactical approaches to the case. One tactic is to immediately seek a preliminary injunction to attempt to enjoin the accused infringer at the very start of the litigation. There are pros and cons to such an approach. The fact that such preliminary injunction motions do not have a good record of success must be considered as well as the extensive and therefore costly attorney time necessary to prepare the required papers. Another tactic is to seek summary judgment as to the issue of infringement. This is a less costly, albeit less speedy, manner of potentially obtaining a desirable result.

This article addresses the preliminary injunction as a litigation tool, but offers an alternative in the form of a vigorously pursued summary judgment motion.