In patent, trade secret, and similar matters, plaintiffs will often seek a preliminary injunction to halt the sale of a competing product that they believe makes improper use of their intellectual property.

Brattle economists help clients to determine if the competitive harm can be addressed through a damages award or whether irreparable harm has been suffered by a patent owner due to the entry of a potentially infringing product. Following the e-Bay decision, we have also been involved in a number of cases in which we prepared analyses of irreparable harm pursuant to a party’s request for a permanent injunction.