Thursday, October 6, 2016

Request for Recall of Products Sold Before Preliminary Injunction Denied ​

The court denied plaintiff's motion to modify a preliminary injunction to require defendants to recall their accused products. "[T]hat request could entail substantial additional cost and harm to Defendants, and the ramifications of such an action have not been fully briefed. Moreover, Plaintiff was able to point to only one case in which a court took such a measure, ordering the recall of inventory that was sold lawfully prior to the entry of an injunction. The Court therefore declines to modify the order as such."

The Chamberlain Group, Inc. v. Techtronic Industries Co., Ltd. et al, 1-16-cv-06097 (ILND October 4, 2016, Order) (Leinenweber, SJ)

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