Movants must show likelihood of success on the merits and irreparable harm. In patent cases a substantial question of invalidity or non-infringement defeats the likelihood element even without resolving it.
Bonds are typically required.
Alternative Names:
IP Preliminary Injunction|Interim Injunction (IP)
Why it Matters?
Raising a substantial question of invalidity defeats preliminary relief in patent cases without requiring the defendant to prove invalidity, which is a materially lower burden than at trial and makes prior art development an urgent priority when a motion is filed. Bond amounts can be substantial and provide recovery if the injunction proves wrongful, which is worth arguing for at the hearing.
Frequently Confused with
Related terms
Frequently asked questions
What defeats preliminary relief in patent cases?
Why argue for a substantial bond?
