Opinion
No. 2010-1548.
November 18, 2010.
Appeal from the United States District Court for the District of New Hampshire in case no. 06-CV-0100, Judge Joseph A. DiClerico, Jr.
Before GAJARSA, SCHALL, and MOORE, Circuit Judges.
ON MOTION
ORDER
HemCon, Inc. moves for a stay, pending disposition of this appeal, of the permanent injunction entered by the United States District Court for the District of New Hampshire. Marine Polymer Technologies, Inc. opposes. HemCon replies. HemCon, Inc. also moves for a stay, pending disposition of this appeal, of the final judgment, including the execution of the damages award, issued by the United States District Court for the District of New Hampshire. Marine Polymer Technologies, Inc. opposes. HemCon, Inc. replies.
To obtain a stay, pending appeal, a movant must establish a strong likelihood of success on the merits or, failing that, nonetheless demonstrate a substantial case on the merits provided that the harm factors militate in its favor. Standard Havens Prods, v. Gencor Indus., 897 F.2d 511, 513 (Fed. Cir. 1990) (citing Hilton v. Braunskill, 481 U.S. 770, 778 (1987)). In deciding whether to grant a stay, pending appeal, this court "assesses the movant's chances of success on the merits and weighs the equities as they affect the parties and the public." E.I. du Pont de Nemours Co. v. Phillips Petroleum Co., 835 F.2d 277, 278 (Fed. Cir. 1987); see also Standard Havens Prods., 897 F.2d at 513 .
Based on the arguments in the motions papers, and without prejudicing the ultimate disposition of this case by a merits panel, we determine that HemCon, Inc. has met its burden to obtain a stay of the permanent injunction and the final judgment.
Upon consideration thereof,
IT IS ORDERED THAT:
The motions are granted.