Pre-Suit Delay Seeking Preliminary Injunction Negates Claim of Irreparable Harm

The court denied plaintiff's motion for a preliminary injunction because plaintiff's delay of at least a year and a half negated plaintiff's claim of irreparable harm. "Defendant contends that Plaintiff delayed more than four years after the initial patent issued to bring suit. Plaintiff, however, points out that the last patent did not issue until June 28, 2016 and contends that [defendant] did not launch [the accused service] until February 2016. Furthermore, Plaintiff explains that, in 2016, it was preoccupied with other litigation and therefore waited to file the instant suit until late July of 2017. Even assuming Plaintiff’s version of the facts as true, the Court concludes that Plaintiff’s delay, at a minimum, of at least one and a half years, to seek preliminary injunctive relief militates against a finding of irreparable harm. . . . It is the delay from the time the movant becomes aware of the alleged injury to the time injunctive relief is sought that is controlling, not the time between initiating litigation and seeking injunctive relief in the ongoing litigation. . . . Plaintiff’s argument that it was busy with other litigation and therefore could not timely address the alleged infringement is not compelling."

CustomPlay, LLC v. Amazon.com, Inc., 9-17-cv-80884 (FLSD November 21, 2017, Order) (Marra, USDJ)