What is a preliminary injunction, and when is it realistic?

What must the evidence address?

Under Winter v. Natural Resources Defense Council, the applicant must show likely success on the merits and likely irreparable harm without preliminary relief, along with the balance of equities and public interest. In a patent dispute, assemble the evidence for the asserted claim and accused conduct as well as the particular injury requiring early action.

Is winning on infringement enough?

No. The harm and equitable requirements need their own evidence; a strong merits position does not erase them. Avoid assuming that competitor status automatically proves irreparable harm or that a licensing business can never qualify. eBay v. MercExchange rejects categorical approaches for permanent patent injunctions.

What will the order and bond cover?

Rule 65(c) addresses security for costs and damages if a party is wrongfully enjoined. Rule 65(d) requires the order to specify its terms and the acts restrained. Evaluate the requested scope and operational consequences as carefully as the request for relief itself.