Opinion
Case No. 06-12568.
August 16, 2006
ORDER
This matter is before the Court on: (1) Defendant's Emergency Motion for immediate termination of preliminary injunction. Defendant's Motion is DENIED.
The Court has considered the briefs filed on the amount of the bond and the accompanying affidavits. The Court also takes into account the strength of Plaintiff's case and the public interest in the enforcement of patents.
Based on these considerations, the Court exercises its discretion, and (1) VACATES that part of the August 4, 2006 Order which set a bond amount of $2.5 million; and (2) REINSTATES the original bond amount of $100,000. Plaintiff shall deposit that sum with the Clerk of the Court forthwith.
Plaintiff also filed a Motion to strike Defendant's Reply brief in support of Defendant's Motion for immediate termination of preliminary injunction because it introduced new evidence Plaintiff did not have an opportunity to respond to. The Court does not rely on new evidence submitted with Defendant's Reply brief for its decision, accordingly, Plaintiff's Motion to strike Defendant's Reply brief is MOOT.
IT IS SO ORDERED.