A party requesting a preliminary injunction in an infringement case must meet a high burden in showing a likelihood of success on the merits, irreparable harm, a balance of hardships in favor of the moving party and that an injunction is in the public’s interest. CNH America LLC v. Kinze Manufacturing, Inc., C.A. No. 08-945-GMS, Memorandum (D. Del. Nov. 13, 2009). In CNH America, the plaintiff failed to establish all four factors. Id. at 2. On the merits, the defendant argued that CNH America failed to disclose certain prior art references that would have rendered the patent invalid and that it breached its duty of candor to the PTO by “remaining silent” about a prior art reference during reexamination and “affirmatively misrepresenting the scope of the prior art.” Id. (internal citations omitted). The court found that these assertions “were sufficient to raise a substantial question as to invalidity” and that similar questions exist as to infringement. Id. at 3.
Additionally, the Court found that CNH America’s irreparable harm arguments were “largely speculative” and the damages are no more difficult to calculate than in most patent infringement suits. Id. at 3. Finally, this was a case where money damages are appropriate and therefore, an injunction is not in the the public’s interest. Id. at 4.