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E.I. DU PONT DE NEMOURS v. MACDERMID PRINTING

No. 2007-1568.

525 F.3d 1353 (2008)

E.I. DU PONT DE NEMOURS AND COMPANY, Plaintiff-Appellant, v. MacDERMID PRINTING SOLUTIONS, L.L.C., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 14, 2008.

Attorney(s) appearing for the Case

Lindley J. Brenza, Bartlit Beck Herman Palenchar & Scott LLP, of Denver, CO, argued for plaintiff-appellant. With him on the brief was Allison Freedman, of Chicago, IL. Of counsel on the brief was John T. Gallagher, Morgan & Finnegan, LLP, of New York, NY. Of counsel was Richard D. Catenacci, Connell Foley LLP, of Roseland, NJ.

John R. Horvack, Jr., Carmody & Torrance LLP, of New Haven, CT, argued for defendant-appellee. With him on the brief was Fatima Lahnin.

Before MICHEL, Chief Judge, PROST, Circuit Judge, and POGUE, Judge.

MICHEL, Chief Judge.

E.I. du Pont de Nemours & Company ("DuPont") appeals from the district court's denial of its motion for preliminary injunction. Memorandum Opinion, E.I. du Pont de Nemours & Company v. MacDermid, Inc., Case No. 06-CV-3383 (MLC/TJB), 2007 WL 2332161 (D.N.J. Aug. 13, 2007) ("Preliminary Injunction Opinion"). We heard oral argument on April 9, 2008. We hold that the district court abused its discretion in finding that a substantial...

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