B&I Defeats Preliminary Injunction Motion in Maine Patent Case

On August 6, Chief Judge Jon Levy of the U.S. District Court for the District of Maine sided with Brann & Isaacson client, Armaid, and denied a motion for preliminary injunction filed by the plaintiff, Range of Motion Products. After briefing and oral argument from partner Peter Brann, Judge Levy issued a comprehensive, 31-page ruling that Range of Motion had failed to show that it was likely to succeed on the merits of its design patent infringement claims because the two competing designs were not substantially similar; he further found that Range of Motion had failed to present evidence that it had suffered irreparable injury from the alleged infringement. In addition to Brann, Armaid is represented by David Swetnam-Burland and Stacy Stitham in the case.