TITAN TIRE CORP. v. CASE NEW HOLLAND, INC.

No. 2008-1078.

566 F.3d 1372 (2009)

TITAN TIRE CORPORATION and The Goodyear Tire & Rubber Company, Plaintiffs-Appellants, v. CASE NEW HOLLAND, INC., CNH America LLC, and GPX International Tire Corporation, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 3, 2009.


Attorney(s) appearing for the Case

Kent A. Herink, Davis, Brown, Koehn, Shors & Roberts, P.C., of Des Moines, IA, argued for plaintiffs-appellants. With him on the brief were David A. Tank and Deborah M. Tharnish.

William R. Grimm, Hinckley, Allen & Snyder LLP, of Providence, RI, argued for defendants-appellees. With him on the brief was Eric D. Levin, of Boston, MA.

Before NEWMAN, PLAGER, and GAJARSA, Circuit Judges.


PLAGER, Circuit Judge.

In this design patent case, in which the patentee sought a preliminary injunction, we first clarify the requirements for such an injunction. We then determine, in light of that clarification and the evidence before the trial court, whether that court was correct in denying the sought-for relief. Because we conclude that under the applicable legal standard the trial court did not abuse its discretion in denying the injunction, we affirm.

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