Maxwell Technologies, Inc. v. Nesscap, Inc.
Opinion
Opinion
Houston, J.
ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION OF U.S. PATENT NO. 6,631,074
INTRODUCTION
Now pending before this Court is Plaintiff Maxwell Technologies, Inc.’s (“Plaintiff’) motion for preliminary injunction of U.S. Patent No. 6,631,074 (the “'074 Patent”). Doc. No. 13. Defendants Nesscap, Inc. and Nesscap Co., Ltd. (collectively “Defendants”) oppose this motion. This matter came on for hearing on June 21, 2007 and August 9, 2007 with appearances by David Doyle and Eric Acker for Plaintiff, and George Neuner, Brian Gaff, Andrea Kimball and Scott Weston for Nes-scap. This Court, after an evidentiary hearing and hearing the oral argument of counsel, took the matter under submission. Now, after a careful consideration of the pleadings, relevant evidence, the oral argument of counsel at the hearing, and for the reasons set forth below, this Court DENIES Plaintiffs motion for preliminary injunction as to the '074 Patent only.
BACKGROUND
On October 17, 2006, Plaintiff filed a complaint for patent infringement and filed a motion for preliminary injunction on October 18, 2006. Plaintiff filed an amended complaint on November 2, 2006, alleging patent infringement of U.S.…