Winning Isn’t Binary
Authored by Babak Akhlaghi on June 12, 2026. Wonderland proved infringement on multiple claims across multiple products in Wonderland v. Evenflo. The jury agreed. The district court granted a permanent injunction.
The Federal Circuit reversed the injunction on both patents.
That’s not a failure of the patent system. That’s how it actually works.
Understanding this distinction is core to building a patent strategy that creates real leverage — not just paperwork.
Stop Sign vs. Toll Booth
An injunction is a stop sign. It shuts the infringing product down entirely. The competitor can’t make it, sell it, or use it.
Damages and ongoing royalties are a toll booth. The infringer pays to keep operating. The product stays on the market. You collect.
Both outcomes have real value. They serve different strategic purposes. Know which one you’re building toward before you file suit.
What the Federal Circuit Actually Said
The district court granted a permanent injunction on both the ‘043 and ‘951 patents. The Federal Circuit reversed it on both.
On the ‘951 patent, Wonderland never even asked for an injunction. The court gave it anyway. That was an abuse of discretion.
On the ‘043 patent, Wonderland’s evidence of irreparable harm was speculative and conclusory. Under the eBay four-factor test, that’s not enough.
The court found no non-speculative evidence that Wonderland’s partner lost sales or market share to Evenflo rather than other competitors. No evidence that reputation or product distinctiveness was harmed. Testimony that a lost car seat sale “naturally leads” to loss of other product sales was based on conjecture without supporting data.
Concrete, non-speculative harm is required.
The Strategic Implication
Getting an injunction requires going the extra mile on the eBay factors, especially irreparable harm.
The strongest arguments:
- Lost market share tied directly to the infringement
- Price erosion caused by the competing product
- Harm to brand reputation or product distinctiveness
- Inability to adequately license the technology
Conclusory declarations won’t carry the weight. Build the evidentiary record for irreparable harm from the start of litigation, not at the injunction motion stage.
Even without an injunction, continued infringement post-verdict can support enhanced damages going forward. A toll booth can be enormously valuable.
One Clean Takeaway
Before you file suit, know whether you’re seeking a stop sign or a toll booth.
The litigation strategy, the damages theory, and the injunction record all look different depending on which outcome you’re building toward.
Train your team early. If someone sees a competitor patent that looks problematic, the protocol is simple: flag it, contact your patent attorney, and stop. No speculation in writing. No analysis by non-lawyers. Just “Can we discuss this?”
That conversation is attorney-client privileged. An email from one engineer to another is not.
In Wonderland, an employee of Evenflo’s affiliate sent an email asking how to “ingeniously avoid the claims of the patent.” The Federal Circuit remanded for a new trial on willful infringement.
Do not put damning evidence of infringement in an email.
