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CAFC Vacates Preliminary Injunction, Reiterates That eBay Abolished Presumption of Irreparable Harm
['Eileen Mcdermott']
IPWatchdog.com | Patents & Intellectual Property Law
Moore’s opinion also emphasized that the district court should not apply a presumption of irreparable harm on remand, as that presumption was abolished following the eBay decision.
Socket Solutions sued Import Global for infringement, alleging its Neat Socket product infringed claim 19 of the ‘080 patent and moved for a PI.
Import Global appealed, arguing that the district court erred in analyzing the likelihood of success and irreparable harm.
With respect to likelihood of success, Import Global argued the district court based its analysis on incorrect constructions of the terms “backplate” and pin.”
The CAFC noted that it confirmed the presumption of irreparable harm was abolished in Robert Bosch LLC v. Pylon Mfg.