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John Tollenaere and Precision Lift (collectively "Precision") appealed the District Court's grant of a preliminary injunction against them in an action for copyright infringement brought by Flexible Lifeline Systems ("Flexible").
The District Court found that Flexible was likely to succeed in its infringement suit, and granted the injunction relying on long-standing Ninth Circuit precedent that presumes irreparable harm in a copyright infringement case upon a showing likelihood of success on the merits.
Precision appealed, claiming that such a presumption runs afoul of two recent Supreme Court decisions, eBay Inc. v. MercExchange, L.L.C., 547 US 388 (2006) and Winter v. Natural Resources Defense Council, Inc., 555 US 7 (2008).
The USCA agreed, vacated the injunction, and remanded.
Article posted on Landings.Com
A PLI cofounder and seasoned chopper pilot himself, John Tollenaere elaborates, "Nothing is more frustrating for a helicopter pilot than to have to deal with an unstable external load when time is the critical factor. Our technology provides in-flight stability regardless of air speed, type of maneuver or how the load is positioned within the Heli-Basket. The net result is a great logistical tool in addition to being the best multiple rescue device the industry has to offer. We are so very pleased and proud that pilots across our nation, and the world for that matter, will find a new venue of relief for a wide variety load transport challenges."And relief is exactly what the cofounders, Chris Croff and John Tollenaere, wanted to deliver to the industry.
Marc De Tollenaere
European Centre for Development Policy Management
Sander De Tollenaere
AkzoNobel Pty Ltd
Thompson , Coe , Cousins & Irons , L.L.P.