Friday, April 1, 2011

Permanent Injunction Requires Specific Evidence of Irreparable Injury

Plaintiff's motion for a permanent injunction based on defendant's post-verdict willful infringement was denied. "[W]ith respect to the first factor of irreparable injury, the plaintiff argues that '[i]nfringement causes irreparable injury because patent protection has a limited term[;]' 'direct competition by an infringer causes further irreparable injury[;]' and '[i]rreparable injury is especially acute for self-made inventors.' The defendant responds . . . that a petitioner 'must prove irreparable harm with specific evidence' and that the plaintiff has offered 'no evidence that [it has] lost any market share, customers or profits, or suffered any loss of brand name recognition.'" . . . [T]here can be no per se finding of irreparable harm. Because the plaintiff fails to provide sufficient evidence of [irreparable injury], the motion for permanent injunction is denied."

WhitServe LLC v. Computer Packages, Inc., et. al., 3-06-cv-01935 (CTD March 30, 2011, Order) (Covello, J.)

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