Federal Circuit Sends Back Overbroad Preliminary Injunction Order

Author:Mr Chris Coulson and Eric Paul Greenwald
Profession:Andrews Kurth LLP

Digest of M-I, LLC v. FPUSA, LLC, No. 2015-1870 (Fed. Cir. Sep. 24, 2015) (non-precedential). On appeal from W.D. Tex. Before Prost, Bryson, and Hughes.

Procedural Posture: Defendants/accused infringers appealed preliminary injunction order. CAFC affirmed in part, vacated and remanded in part.

Injunctions: The district court did not abuse its discretion in granting a preliminary injunction. The court did not err in finding the plaintiff was likely to prove infringement of a valid claim and irreparable harm would likely result because the plaintiff and defendant were the only players in the relevant market, giving rise to an inference that an infringing sale would amount to a lost sale for the plaintiff. The court also correctly found the balance of equities is neutral and public...

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