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Success rate of motions for preliminary injunctions

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beer_dude

Junior Member
Does anybody have recent (within the last 5 years) data on the success rate of motions for preliminary injunctions in patent infringement cases? I have found the Cunningham study from 1995 and a more recent study by Banner & Witcoff associates from 2001. Any data on stays of injunctions would also be beneficial.
This is for preliminary injunctions only, obviously we all know what the success rate is for motions for permanent injunctions after a finding of validity and infringement.
Thanks!
 


seniorjudge

Senior Member
beer_dude said:
Does anybody have recent (within the last 5 years) data on the success rate of motions for preliminary injunctions in patent infringement cases? I have found the Cunningham study from 1995 and a more recent study by Banner & Witcoff associates from 2001. Any data on stays of injunctions would also be beneficial.
This is for preliminary injunctions only, obviously we all know what the success rate is for motions for permanent injunctions after a finding of validity and infringement.
Thanks!
Q: Does anybody have recent (within the last 5 years) data on the success rate of motions for preliminary injunctions in patent infringement cases?

A: Yes, I do. It is the same on any court action: about 50-50, more or less.
 

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