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Re: Centerline post# 44630

Friday, 09/26/2003 11:34:24 AM

Friday, September 26, 2003 11:34:24 AM

Post# of 433140
Centerline (and several others) --

you simply cannot get a pre-judgment injunction unless (among other very difficult-to-satisfy requirements) you can conclusively demonstrate that you will be irreparably harmed if you don't immediately get said pre-judgment injunction (for example, a classic case for a pre-judgment injunction would be a case where an infringing and much larger/more powerful competitor is producing/marketing the same product that your company is producing/marketing under/using your company's patented IPRs, and where your company definitely will literally be more or less immediately run out of business unless said infringing competitor is immediately enjoined from any further production/marketing of said product pending the final outcome of the case) -- under long-established and unquestionable legal precedent in all U.S. jurisdictions (and also most if not all significant non-U.S. juridictions [China??]), by definition you CANNOT satisfy this requirement for a pre-judgment injunction where your company is not threatened with imminent destruction and your case itself is in substance seeking only monetary damages/relief such as appropriate licensing royalties -- that's the end of that, period, end of sentence (this being simplified a bit, yes, but not in any way that alters what would be the proper analysis in any case where IDCC, which is after all in the business of licensing its IPRs to others, as v. being in the business of using its IPRs to the exclusion of all others, would be suing any manufacturer for infringing its IPRs)


Greensburg, KS - 5/4/07

"Eternal vigilance is the price of Liberty."
from John Philpot Curran, Speech
upon the Right of Election, 1790


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