The Regents of the University of California and Biagro Western Sales, Inc v. Actagro, LLC (Fed. Cir. June 9, 2004) (not citable as precedent).
In an infringement suit involving phosphorous fertilizer, the Federal Circuit panel vacated a preliminary injunction against Defendant Actagro because Actagro raised “a substantial question as to the validity of the ‘200 patent.” (U.S. Patent 5,514,200).
Given the evidence offered by Actagro, which on its face suggests that the SSP reference is a concentrated phosphorus fertilizer as contemplated by the claims, we find that Actagro has raised a substantial question as to the validity of the ‘200 patent. For that reason, we must conclude that the first prerequisite for entry of a preliminary injunction is lacking.