Bench under the tree in the Royal Botanic Gardens in London

Lost Connection: Preliminary Injunction Against Unreleased Product Is a No-Go

February 17, 2024

Addressing a preliminary injunction motion directed to a competitor’s yet-to-be-released product, the US Court of Appeals for the Federal Circuit determined that the district court did not abuse its discretion in finding that the patent holder failed to establish irreparable harm based on speculative evidence. SmartSky Networks, LLC v. Gogo Bus. Aviation, LLC, Case No. 23-1058 (Fed. Cir. Jan. 31, 2024) (Cunningham, Chen, Hughes, JJ.) (non-precedential)….
By: McDermott Will & Emery

Lost Connection: Preliminary Injunction Against Unreleased Product Is a No-Go

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