R.D. Jones, Stop Experts, Inc. et al v. Carmanah Technologies Corporation et al, 9-13-cv-80695 (FLSD July 25, 2013, Order) (Torres, M.J.).
Tuesday, July 30, 2013
Delay in Seeking TRO to Explore Potential License Undermines Plaintiff’s Claim of Irreparable Harm
The court denied plaintiffs' renewed motion for a TRO because plaintiffs' delay in seeking relief undermined their claim of irreparable harm. "Plaintiffs claim that [their] delay was attributable to failed negotiations between the parties following issuance of the patent in suit, and then the inability to retain counsel due to financial circumstances. . . . [T]he delay undermines the Plaintiffs’ burden of showing irreparable harm to justify an immediate injunction, at least without the benefit of full briefing, an evidentiary hearing, and sound consideration. . . . And that is particularly true given the availability of monetary relief in the event that Plaintiffs’ claims are successful over a patent that apparently underwent pre-suit licensing negotiations."