Monday, April 1, 2013

No Permanent Injunction Where Plaintiff Emphasized Certainty of Damages Case and did not Seek Preliminary Injunction

Following a bench trial, the court denied plaintiffs' motion for a permanent injunction against defendant's surgical tools. "[T]he Court finds that Plaintiff did not prove the [irreparable injury] prong, as [its] first witness who testified at trial . . . was unable to articulate why if [plaintiff] has endured infringement and harm to its reputation since 2004, it never sought preliminary injunctive relief. Throughout trial, [plaintiff] has been emphatic as to its entitlement to lost profits and to a certain royalty rate, which further supports the position that 'remedies available at law, such a monetary damages,' are fully adequate to compensate for [its] injury." Tyco Healthcare Group LP, et. al. v. Ethicon Endo-Surgery Inc., 3-10-cv-00060 (CTD March 28, 2013, Order) (Arterton, J.).

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