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."

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.).

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