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Judge Sue L. Robinson – No Injunction Warranted Where Plaintiff Cannot Demonstrate Likelihood of Success on the Merits

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Judge Robinson recently denied Girafa.com, Inc.’s motion for a preliminary injunction in its patent infringement lawsuit against Amazon.com, Inc. and other web services for their alleged use of “thumbnail” technology in violation of Girafa’s patent. Girafa.com, Inc. v. Amazon.com, Inc., C.A. No. 07-787-SLR, Memo. Order (D. Del. Dec. 9, 2008). The Court declined to adopt any of plaintiff’s proposed claim constructions at this informal stage and therefore found that plaintiff failed to show a likelihood of success on the merits. Id. at 9. In addition, the Court found that plaintiff would not suffer irreparable harm because they could not demonstrate that the loss of business was a direct result of defendants’ competitive conduct. Id. at 9. Finally, the accused defendants that were part of the preliminary injunction motion began using the technology almost 2 years before Girafa filed its motion. The Court found that this delay, though not dispositve, was evidence that could be weighed in evaluating the harm to the parties. Id. at 9.

Girafa.com, Inc. v. Amazon.com, Inc., C.A. No. 07-787-SLR, Memo. Order (D. Del. Dec. 9, 2008).

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