Monday, March 26, 2012

What types of harm have been deemed irreparable justifying TRO or preliminary injunction?

In addition to showing a likelihood of success on the merits, patent plaintiffs who seek TROs or preliminary injunctions must show irreparable harm. This can be challenging considering the wide range of damages and permanent injunctive relief that can be awarded after a finding of liability. Nevertheless, courts have found irreparable harm in a number of situations such as price erosion, loss of market share and reputational harm. This list provides summaries of court orders finding irreparable harm for purposes of a TRO or preliminary injunction in patent cases.

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