Monday, August 22, 2011
9th Cir. overturns another copyright injunction because eBay nixes presumption of irreparable harm
Putting an exclamation point on a recent panel ruling that eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) overrules prior 9th Circuit precedents that a showing of likely success on the merits of a copyright infringement claim gave rise to a presumption of irreparable harm, the 9th Circuit again so held today, vacating a preliminary injunction in another copyright case. See Flexible Lifeline Sys., Inc. v. Precision Lift, Inc., No. 10-35987 (9th Cir. Aug. 22, 2011).