Permanent injunction bid is denied
Cordance Corporation v. Amazon Com., Inc., et al., Civil Action No.06-491a-MPT, July 23, 2010.
Thynge, M. J. Plaintiff’s motion for a permanent injunction after trial is denied.
The court is not convinced that plaintiff will suffer irreparable harm if the injunction does not issue. The court has not been provided with a clear overview of the relevant market for the technology, and is not convinced these parties are direct competitors in a market using this technology. The experts agreed that these parties did not compete for sales with respect to this technology. The court declines to limit the digital identity market as narrowly as plaintiff urges. Plaintiff’s pre-lawsuit licensing also weighs against injunctive relief. Any infringement can be adequately compensated for with money damages. The balance of hardships also does not favor plaintiff, which does not have a product currently using this technology. It weighs in favor of neither party. The public would not be disserved, however, should the court enter an injunction. The court also declines to order an ongoing royalty.
