On August 3, 2011, the 9th Circuit Court of Appeals, in the case Perfect 10, Inc. v. Google, Inc. made a major change relating to copyright law that will affect litigation strategy from now on. Basically, the 9th Circuit (shockingly agreeing with the 2nd Circuit), decided that Courts would no longer consider a finding of â€œlikelihood of success on the meritsâ€ automatically leads to a finding that the Plaintiff would suffer irreparable harm if an injunction is not granted.
Well, I think they merely clarified the point. Otherwise I wouldn’t have been able to write this post three years ago. Well, I could have written it, but it would be, you know. Way wrong. Not that there’s anything wrong with that… in the Ninth Circuit.
But read Larry’s whole post, and the decision, because his point is a good one: things are different when the Circuit Court makes such a decision, and litigators need to know it.