Wednesday, April 15, 2009

Request for Preliminary Injunction against Direct Competitor Merits a Denial of Stay Pending Reexam

Defendant's motion to stay pending reexamination was denied where "it is at least likely that [plaintiff] and [defendant] are direct competitors," and plaintiff sought "both a preliminary and permanent injunction." "[Plaintiff] has only recently released [its product]. This weighs against a stay given that this is likely a critical juncture in developing the market for [the product]. If the Court were to grant the stay and prevent [plaintiff] from seeking injunctive relief, [plaintiff] could potentially lose many customers to [defendant] and consequently lose significant ground in the market in the coming years. This type of market loss is difficult to measure in monetary damages."

Allergan, Inc v. Cayman Chemical Co., 8-07-cv-01316 (CACD April 9, 2009, Minutes)

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