A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Temporary Restraining Order

The case involved
The case involved "skylight caps"—insulated covers for skylights. Apparently Wal-Mart needs around a million of them. Walmart, CC BY 2.0

Yesterday, Chief Judge Connolly issued an opinion granting a preliminary injunction in Lennox AES Holdings LLC v. Benton, C.A. No. 25-575-CFC (D. Del.).

This contract case was originally filed in the Court of Chancery to enforce non-competition and non-solicitation provisions of an agreement related to the purchase of a business (or, at least, its assets).

The plaintiff is the business who purchased the assets. It filed suit in the Court of Chancery to stop the previous owner from selling certain kinds of products, which it alleged violated the agreement.

The defendant removed the case from the …

The patentee's <a href='#' class='abbreviation' data-bs-toggle='tooltip' data-placement='top' title='Temporary Restraining Order'>TRO</a> attempt worked out about as well as this (unmanned) rocket's attempt to reach orbit.
The patentee's TRO attempt worked out about as well as this (unmanned) rocket's attempt to reach orbit. Tim Mossholder, Unsplash

Ouch. In Nivagen Pharmaceuticals, Inc. v. Amneal Pharmaceuticals Inc., C.A. No. 24-846-GBW (D. Del.), the patentee plaintiff filed suit to stop a competitor from launching a drug that it says would infringe its patents, after the competitor received FDA approval.

(Because this was not an ANDA, there was no automatic stay.)

The plaintiff filed a TRO motion on August 13, shortly after its complaint. For at least two of the …