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HUGHES NETWORK SYSTEMS v. INTERDIGITAL COM. CORP.

No. 93-1751.

17 F.3d 691 (1994)

HUGHES NETWORK SYSTEMS, INCORPORATED, Plaintiff-Appellant, v. INTERDIGITAL COMMUNICATIONS CORPORATION, formerly known as International Mobile Machines Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1994.

Attorney(s) appearing for the Case

ARGUED: Ronald Stephen Longhofer, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellant. Charles Edward Dorkey, III, Haythe & Curley, New York, New York, for Appellee. ON BRIEF: Raymond W. Henney, Jose L. Patino, HONIGMAN, MILLER, SCHWARTZ & COHN, Detroit, Michigan; James L. Shea, John T. Prisbe, Venable, Baetjer & Howard, Baltimore, Maryland, for Appellant. Edward F. Houff, Church & Houff, P.A., Baltimore, Maryland, for Appellee.

Before WILKINSON and WILLIAMS, Circuit Judges, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

The question in this case is whether the claimed loss of a contractual security interest can constitute the kind of irreparable harm necessary to support issuance of a preliminary injunction. Although the close relationship of such a claim to money damages makes obtaining a preliminary injunction difficult, we believe the analysis required by our decision in Blackwelder Furniture Co. v. Seilig Manufacturing Co., Inc....

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