Having the right litigation is instrumental to winning an injunction case. There are three types of injunctions: temporary restraining orders, preliminary injunctions, and permanent injunctions.
When it comes to using an economic analysis, the Intensity team recommends considering the following:
- Irreparable Harm
- Balance of Equities
- The Public Interest
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Irreparable harm is analyzed by determining whether harm has and/or will occur, and whether that harm can be remedied with an award of monetary damages. When demonstrating irreparable harm, the party seeking an injunction can demonstrate an immediate harm as opposed to a possibility of future harm that may occur.
Balance of Equities
A balance of equities is evaluated in two parts: the harms faced by the party if an injunction is granted versus if not granted. Factors considered can include but are not limited to company size, financial position, and investments made.
The Public Interest
The public interest is evaluated by reviewing benefits and losses realized by the public. This involves understanding the public benefit received when the product is available in the market relative to the losses felt by the public should an injunction be granted.
Intensity’s Injunctions Expertise
Evaluating whether injunctive relief is an appropriate remedy is a complex exercise that requires not only technical economic knowledge, but an in-depth understanding of the marketplace. Thankfully, Intensity has significant, successful experience working on injunctive relief matters.