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infringement. Id.; see also Windsurfing Int’l v. AMF, Inc., 782 F.2d 995, 1003 n.12 (Fed.

Cir. 1986).

D. Public Interest

Except as to the injunction’s effective date, the district court did not abuse its

discretion in finding that the narrow scope of the injunction and the public’s general

interest in upholding patent rights favor injunctive relief. See Broadcom, 543 F.3d at

704 (quoting Rite-Hite Corp. v. Kelley Co., 56 F.3d 1538, 1547 (Fed. Cir. 1995)). The

district court’s conclusion properly recognized that the touchstone of the public interest

factor is whether an injunction, both in scope and effect, strikes a workable balance

between protecting the patentee’s rights and protecting the public from the injunction’s

adverse effects. Broadcom, 543 F.3d at 704. In particular, the injunction’s narrow

scope substantially mitigates the negative effects on the public, practically and

economically. By excluding users who purchased or licensed infringing Word products

before the injunction’s effective date, the injunction greatly minimizes adverse effects on

the public. Id. Here, the relevant “public” includes not only individual consumers, but

also companies that license infringing Word products and manufacturers that are part of

Microsoft’s

distribution

channels.

Cf.

id.

(defining

the

“public”

to

include

affected

network carriers and manufacturers). By carving out users who purchased or licensed

infringing Word products before the injunction’s effective date, the injunction’s tailoring

minimizes disruptions to the market and the public.

E. Injunction’s Effective Date

On appeal, Microsoft challenges the date on which the injunction goes into effect.

We review whether this aspect of the district court’s order is supported by the record.

2009-1504

46

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