Instead, Plaintiffs' Motion “assumes that injunctive relief should automatically be issued against the Default Defendants for failure to appear and answer the Complaint.” Magna-RX, Inc. v. Holley, No. CV 05-3545-PHX-EHC, 2008 WL 5068977, at *4 (D. Ariz. Nov. 25, 2008).

However, Endobiogenics does not tie economic injury to that valuation to Chahine's actions in issuing related systems. See Magna-RX, Inc. v. Holley, 2008 WL 5068977, at *4 (D. Ariz. Nov. 25, 2008). Notably, no independent finding of patent infringement has been made by the United States patent office or this Court.

"The eBay Court plainly stated that [p]laintiffs `must demonstrate' the presence of the traditional factors, and therefore have the burden of proof with regard to irreparable harm." Grokster, 518 F. Supp. 2d at 1211; see Designer Skin, 2008 WL 4174882, at *4 (citing eBay, 547 U.S. at 391); Magna-RX, Inc. v. Holley, No. CV 05-3545-PHX-EHC, 2008 WL 5068977, at *4 (D. Ariz. Nov. 25, 2008). The Court will consider whether Blizzard has satisfied the four-part test for a permanent injunction.

The Court finds that it is appropriate to apply the pre-amendment range, as there is no indication that the new statutory range applies retroactively. See Magna-RX, Inc. v. Holley, No. CV 05-3545, 2008 Wl 506897, *3 n. 4 (applying 15 U.S.C. § 1117(c)(1) amendment prospectively); cf Louis Vuitton S.A. v. Spencer Handbags Corp., 765 F.2d 966, 971 (2d Cir. 1985) (finding that amendment to treble damages provision of Section 1117 applies prospectively). The Court emphasizes, however, that when moving for a default judgment, the plaintiff must prove its entitlement to the amount of monetary damages requested.