Preliminary injunction bid fails
Symbol Technologies LLC v. Janam Technologies, Inc., Civil Action No.08-340-JJF, July 20, 2010.
Farnan, J. Defendant’s motion to preclude evidence of Plaintiff’s profits is denied. Plaintiff’s motion for a preliminary injunction is denied.
The disputed technology relates to handheld mobile computers for commercial use. Defendant seeks to preclude plaintiff from offering evidence of its profits or lost profits in conjunction with its motion for a preliminary injunction since plaintiff objected that the information was not relevant to the preliminary injunction motion. Based on the information that was eventually disclosed during discovery the court finds that no prejudice will result from this evidence and denied the motion to preclude. As for the preliminary injunction motion, the court finds on the basis of tentative claim constructions that the plaintiff has shown a likelihood of success on literal infringement with respect to two patents. However, plaintiff has failed to show the obviousness defense lacks substantial merit. The court further concludes that plaintiff has shown it is likely to succeed on its infringement claim as to a third patent. Plaintiff has not persuasively rebutted the obvious defense to this third patent. With respect to irreparable hard, the court is not convinced that the claimed price erosion can not be quantified. The preliminary injunction motion is denied, although there is some concern as to defendant’s ability to pay a potential damages award. Finally, the balance of hardships, considering the magnitude of the relief sought, weigh in favor of not issuing the injunction.
