Reconsideration of a permanent injunction was denied but damages will increase.
IMX, Inc. v. Lendingtree, LLC, No. 03-1067-SLR, Apr. 25, 2007.
Robinson, C.J. Motion for reconsideration of the denial of a permanent injunction based on newly identified evidence was granted in part.
Defendant’s new evidence regarding an alleged workaround and new authorities from other districts issuing permanent injunctions prior to a conclusion of the appeal process were the bases for plaintiff’s motion for reconsideration. Plaintiff also sought an opportunity to take discovery regarding defendant’s ongoing revenue growth and infringing conduct. The Court found it nonsensical to use a workaround as a justification for imposing a permanent injunction. The new authorities are distinguishable for the most part because the infringement question was not a close one as it was in this case. However, the damages award should take into consideration defendant’s admission that it continued the conduct examined at trial until September 14, 2006 and the Court ordered an accounting, noting the judgment shall be amended commensurate with the amended record of defendant’s infringing activities.
A copy of the full opinion is available here.
