MMJK, INC. v. Ultimate Blackjack Tour LLC

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

This patent dispute is between rival operators of online card game tournaments, which are operated legally if they conform with the Unlawful Internet Gambling Enforcement Act of 2006. Plaintiffs tournament is protected by U.S. Patent No. 7,094,154 (“'154 patent”), filed on December 30, 2004, and issued on August 22, 2006. The patent is “directed to computer networked multi-player games of both chance and skill that allow subscription-based and non-subscription players (using an ‘alternative method of entry’) a chance to win prizes that have immediate value (i.e., cash, cash-equivalent notes and objects).” Pl.’s Mot. at 2. Plaintiff has been operating online tournaments based on the '154 patent since November 2005. Keller-man Decl. ¶ 3; Kellerman Supp. Decl. ¶ 4. On June 17, 2007, plaintiff claims to have become aware that defendant was hosting online tournaments that infringe its patent. Plaintiff sued defendant on June 19, 2007, and now moves to enjoin defendant from continuing to host the challenged tournaments.

“A preliminary injunction is a ‘drastic and extraordinary remedy that is not to be routinely granted.’ ”…