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PLC Medical Systems, Inc. v. Eclipse Surgical Technologies, Inc.
Citations: 976 F. Supp. 89; 1997 U.S. Dist. LEXIS 14979; 1997 WL 598053Docket: Civil Action No. 96-40026-NMG
Court: District Court, D. Massachusetts; September 22, 1997; Federal District Court
A second motion for a preliminary injunction filed by PLC Medical Systems, Inc. against Eclipse Surgical Technologies, Inc. has been denied by the Court. The Court previously denied a similar motion on January 3, 1997, while inviting PLC to provide authority for requiring Eclipse to notify the FDA of its actions related to the lawsuit. In the renewed motion, PLC argued that Eclipse had infringed its copyright and improperly used its material in a protocol, but the Court found that the cases PLC cited were distinguishable as they involved final judgments or plaintiffs who fully met the requirements for a preliminary injunction. The Court noted that while it might be appropriate for Eclipse to notify the FDA regarding its actions, PLC failed to provide compelling authority necessitating such notification. The Court also emphasized that Eclipse's revisions to its protocol were made out of caution and should not be penalized. Additionally, the Court pointed out that PLC did not claim any ongoing infringement regarding the contributions from Dr. Mannting and had not proven irreparable harm necessary for a preliminary injunction. The order concludes with the Court's denial of PLC's second motion, although it indicated a willingness to consider a written request for Eclipse to inform the FDA if proper authority is provided. The Court highlighted specific concerns about part of Eclipse's original protocol being derived from PLC's documents, but ultimately, PLC did not meet the burden to justify the injunction.