In Abbott Cardiovascular Systems, Inc. v. Edwards Lifesciences Corp., No. 19-149-MN (Mar. 5, 2019), Judge Noreika denied the plaintiffs’ motion for a temporary restraining order. The plaintiffs initially moved to preliminarily enjoin the defendants’ accused mitral valve repair system from infringing the asserted patents. After some initial discovery, the plaintiffs additionally moved for a temporary restraining order to enjoin the defendants from manufacture and commercial sale in the United States.
Although the Court stated that the plaintiffs “may be able to establish a case on the merits,” Judge Noreika denied the motion for failure to show irreparable harm. The defendants had agreed not to enter the United States market before the preliminary injunction hearing, and the Court found that the alleged harms resulting from the domestic manufacture of the asserted product for sale in Europe (e.g., how many units would be made, and how many of those units would be sold abroad) were speculative. Nor was the Court persuaded that alleged harm from several months of sales could not be compensated by money damages.
Key Point: Although Judge Noreika denied the motion for a temporary restraining order, the Court expedited the date of the preliminary injunction hearing by almost two months from the previously scheduled date.