EBay's Impact On Preliminary Injunctions In IP Cases

Law360, New York (April 18, 2008, 12:00 AM EDT) -- Courts regard preliminary injunctions as “extraordinary remedies” because they require decisions to be made at an early stage of the case, often on an incomplete record.

While there is no uniform standard for deciding whether to issue of a preliminary injunction, courts agree that the most important factor to consider is whether the movant will suffer irreparable harm before a decision on the merits can be rendered.

Now, more than ever, it is important to consider as soon as possible the merits of a motion for...
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