Federal Circuit Rejects Procedurally And Substantively Defective Preliminary Injunctions

In ABC Corporation I v. Partnership & Unincorporated Associations, No. 21-2150 (Fed. Cir. Oct. 28, 2022), the Federal Circuit vacated the district court's initial preliminary injunction and motion to amend. In a related appeal, ABC Corporation I v. Partnership & Unincorporated Associations, No. 22-1071 (Fed. Cir. Oct. 28, 2022), the Federal Circuit reversed and remanded the district court's second preliminary injunction.

ABC Corporation sued several entities for infringement of four of its design patents through the sale of their hoverboards. The defendants were identified in Schedule A to the complaint. In November 2020, the district court entered a preliminary injunction against the then-named defendants. In May 2021, the district court granted ABC Corporation's motion to amend Schedule A. The newly named defendants were thereby bound by the November 2020 injunction. In response to a motion to set aside the preliminary injunction for procedural defects, the