Streck, Inc. v. Research & Diagnostic Systems, Inc.

407 F. App'x 452

Opinion

ON MOTION

FRIEDMAN, Circuit Judge.

ORDER

Research & Diagnostic Systems, Inc. and Techne Corporation (collectively “Research & Diagnostic Systems”) move for a stay, pending disposition of this appeal, of the permanent injunction entered by the United States District Court for the District of Nebraska. Streck, Inc. opposes. Research & Diagnostic Systems replies.

To obtain a stay, pending appeal, a movant must establish a strong likelihood of success on the merits or, failing that, nonetheless demonstrate a substantial case on the merits provided that the harm factors militate in its favor. Standard Havens Prods, v. Gencor Indus., 897 F.2d 511, 513 (Fed.Cir.1990) (citing Hilton v. Braunskill, 481 U.S. 770, 778, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987)). In deciding whether to grant a stay, pending appeal, this court “assesses the movant’s chances of success on the merits and weighs the equities as they affect the parties and the public.” E.I. DuPont de Nemours & Co. v. Phillips Petroleum Co., 835 F.2d 277, 278 (Fed.Cir.1987); see also Standard Havens Prods., 897 F.2d at 513.

Based on the arguments in the motions papers, and without prejudicing the ultimate disposition of this case by a merits panel, we determine that Research & Diagnostic Systems has not met its burden to obtain a stay of the permanent injunction.

Upon consideration thereof,

It Is Ordered That:

The motion is denied. Any other pending motions are denied as moot.