Thursday, February 10, 2011

Infringing Manufacturer's Option to Relocate to Foreign Country Negates Irreparable Harm Needed for Permanent Injunction

The court denied plaintiffs' motion for a permanent injunction in part because plaintiffs failed to establish irreparable harm. Since defendant's infringement was from manufacturing -- not sales -- in the U.S. and defendant could quickly relocate to Mexico, plaintiffs failed to show that continued manufacturing infringement in the U.S. would cause irreparable harm. "[Plaintiffs] must establish that [defendant's] manufacturing operations in the United States are continuing and will continue to cause irreparable harm if not enjoined. [Plaintiffs], however, [do] not appear to dispute that [defendant] would be able to move its remaining manufacturing operations to Mexico almost immediately if the court enjoined it from continuing to manufacture its products in the United States."

Edwards Lifesciences AG, et. al. v. Corevalve Inc.
, 1-08-cv-00091 (DED February 7, 2011, Order) (Sleet, J.)

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