Hoffmann & Baron successfully defended SAS Group, Inc. (“SAS”), a company that has brought hundreds of products to market, and defeated an attempt by Ever Victory Technology Limited (“Ever Victory”) to enjoin the continued marketing and sale of SAS’s Zoom Tubes Car Trax® product. Shortly after filing its complaint for patent infringement, Ever Victory filed a motion for preliminary injunction asserting there was a reasonable likelihood that its patent was infringed, and that it would suffer irreparable harm if SAS was not enjoined. In response, SAS vigorously disputed the merits of Ever Victory’s infringement allegations and claim of irreparable harm.
In an opinion dated September 11, 2019, Judge Oetken of the U.S. District Court for the Southern District of New York agreed with SAS and rejected Ever Victory’s arguments. Judge Oetken concluded, “given the Court’s doubts that Ever Victory will ultimately prevail on the merits [of its infringement allegations, Ever Victory’s] underwhelming showing of irreparable harm only bolsters the Court’s conclusion that a preliminary injunction is unwarranted here.”
The Hoffmann & Baron team included Michael Chakansky, John Gallagher and Anthony Bennett.
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