TechnoSoft Inc. is suing Innovatech LLC for alleged patent infringement. TechnoSoft seeks a preliminary injunction to stop Innovatech from manufacturing the disputed product while the case is litigated. Which set of showings must TechnoSoft establish for the court to grant the preliminary injunction?
That TechnoSoft will incur substantial monetary damages and Innovatech has acted in bad faith.
That TechnoSoft is likely to succeed on the merits, is likely to suffer irreparable harm without relief, that the balance of equities favors TechnoSoft, and that granting an injunction is in the public interest.
That Innovatech has no valid defenses and that an injunction will expedite the trial schedule.
That the public supports TechnoSoft's position and Innovatech cannot afford to post a bond.
Under Federal Rule of Civil Procedure 65, as interpreted by the Supreme Court in Winter v. NRDC, a party seeking a preliminary injunction must establish four elements: (1) a likelihood of success on the merits of the underlying claim; (2) a likelihood of suffering irreparable harm if the injunction is denied; (3) that the balance of equities tips in the movant's favor; and (4) that an injunction is in the public interest. A failure to prove any one of these factors generally defeats the motion. Therefore, the answer that lists all four required elements is correct, and the others are incomplete or incorrect.
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