"Defendants appeal and plaintiffs follows through with the injunction motion which in turn will be likely be granted by Judge Ward as a result of the jury's verdict."
IMO, an injunction would not be granted, see rules below. This has been discussed at length in the past, and IMO we would be hard pressed to prove that an injunction would serve the public interest. I am hoping for a settlement. All in my opinion.
Good luck to you, me, us, and all longs.
The issuance of a preliminary injunction is an extraordinary remedy to be used only to preserve the existing state of things between the parties. Generally, courts have set forth four requirements for granting a preliminary injunction:
- The plaintiff has demonstrated a reasonable likelihood of success on the merits of the case (i.e., that the patent in issue is valid and infringed).
- The plaintiff will be irreparably harmed if the injunction is not issued.
- The threatened harm to the plaintiff outweighs the harm the injunction may inflict on the defendant.
- The injunction will serve the public interest.