Ninth Circuit: No Presumption of Irreparable Harm for Injunctive Relief in Copyright Infringement Cases
Keeping it short and to-the-point, in case it still was not clear, the Ninth Circuit reiterated that the presumption of irreparable harm for obtaining injunctive relief in copyright infringement cases is no longer good law after the Supreme Court's decisions in 2006 and 2008:
We conclude that presuming irreparable harm in a copyright infringement case is inconsistent with, and disapproved by, the Supreme Court's opinions in eBay [Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006)] and Winter [v. Natural Resources Defense Council, Inc., 555 U.S. 7 (2008)]. . . . Thus, our long-standing precedent finding a plaintiff entitled to a presumption of irreparable harm on a showing of likelihood of success on the merits in a copyright infringement case . . . has been effectively overruled. . . . Accordingly, we hold that even in a copyright infringement case, the plaintiff must demonstrate a likelihood of irreparable harm as a prerequisite for injunctive relief, whether preliminary or permanent.
The case cite is Flexible Lifeline Systems, Inc. v. Precision Lift, Inc., No. 10-35987 (9th Cir. Aug. 22, 2011).
