Oct 31, 2022

Fresh From the Bench: Latest Federal Circuit Court Case

CASES OF THE WEEK

ABC Corp. v. Tomoloo Official, Appeal Nos. 2021-2277, -2355, -2150 (Fed. Cir. Oct. 28, 2022)

ABC Corp. v. eBay, Inc., Appeal No. 2022-1071 (Fed. Cir. Oct. 28, 2022)

The following summary covers two decisions issued the same day, dealing with preliminary injunctions issued from the U.S. District Court for the Northern District of Illinois in a single litigation. In one of those decisions, the Federal Circuit examined the notice requirement under FRCP 65(a) and held it was not met. In the other decision, the Federal Circuit examined the merits of the preliminary injunction, and reversed the district court based on its erroneous application of the “likelihood of success on the merits” factor.

Background:

ABC Corp. owns four design patents related to hoverboards. Appellants sell Gyroor-branded hoverboards. ABC brought suit against appellants claiming that products sold by appellants infringed ABC’s patents. Plaintiffs sought a preliminary injunction, which the district court granted (the “2020 Preliminary Injunction”).

The 2020 Preliminary Injunction included named defendant Gyroor-US, though it had not yet been served with process and was not given advance notice under Federal Rule of Civil Procedure 65(a) of the request for a preliminary injunction. The 2020 Preliminary Injunction also covered certain defendants listed in Schedule A.