In Varentec, Inc. v. Gridco, Inc., et al., C.A. No. 16-217-RGA (D. Del. Oct. 3, 2016), Judge Richard G. Andrews denied Plaintiff’s motion for a preliminary injunction that it has filed two months after filing its Complaint. Id. at 1.
As to likelihood of success on the merits, the Court concluded that Plaintiff had not carried its burden to show it will likely prove infringement of the asserted claims. While it concluded that the accused product likely did satisfy one limitation under the doctrine of equivalents based on part on expert testimony offered, it also concluded that the product did not likely satisfy another limitation in the asserted claims. See id. at 9-15. Having concluded this factor was not met, the Court did not address the other preliminary injunction factors, and denied the motion. Id. at 15.