FEDERAL CIRCUIT'S JURISDICTION ON APPEAL FROM DENIAL OF PRELIMINARY INJUNCTION IS LIMITED

ILOR, Llc v. Google, Inc., [2008-1178] (December 11, 2008) [LINN, Mayer, Moore] The Federal Circuit held that the district court did not abuse its discretion by denying iLORs’ motion for a preliminary injunction.
DISCUSSION: The Federal Circuit concluded that the district court correctly construed the sole claim limitation at issue, and did not abuse its discretion by denying iLOR’s motion for preliminary injunctive relief because noninfringement was undisputed under that construction. The bigger issue is the basis for the Federal Circuit’s jurisdiction. The Federal Circuit found that the there was no final judgment, and that its jurisdiction arose solely from the denial of the preliminary injunction.