United States Ninth Circuit

In an ongoing contract and patent litigation between Microsoft and Motorola, district court's grant of a preliminary injunction enjoining Motorola temporarily from enforcing a patent injunction that it obtained against Microsoft in Germany is affirmed where: 1) the district court did not abuse its discretion in determining that Microsofit's contract-based claims would, if decided in favor of Microsoft, determine the propriety of the enforcement by Motorola of the injunctive relief obtained in Germany; 2) the district court did not abuse its discretion at this stage of the Gallo analysis; and 3) because there are competing comity concerns, it cannot fairly be said that the district court's preliminary injunction would have an intolerable impact on comity.

Appellate Information

• Decided 10/02/2012
• Published 09/28/2012

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel