Wednesday, November 11, 2009

Permitting Competition in One-Product Market Does Not Create Irreparable Harm Warranting Preliminary Injunction

In denying plaintiff's motion for a preliminary injunction, the court found no irreparable harm. "It is true that we are concerned with a one-product market. . . . If a second product is allowed into the market, the [plaintiff's] system will lose market share. Granted. But it will be reasonable and practical to estimate the extent of damages, given the track record over the last seven years. If plaintiff prevails at trial, then damages will reparable and defendant will be able to respond to an award -- or at least no convincing showing has been made to the contrary."

Conceptus, Inc. v. Hologic, Inc.,
(CAND November 6, 2009, Order) (Alsup, J.)

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