PostX Corp. v. docSpace Co., Inc.

ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

The motion of plaintiff PostX Corporation (“plaintiff’ or “PostX”) for preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a) was heard on July 30, 1999. The court has read the moving and responding papers and heard the argument of counsel. For the reasons set forth below, the court denies plaintiffs motion.

I. BACKGROUND

Plaintiff is a Cupertino, California company that develops and designs software to provide its customers with services for secure delivery of electronic mail (“email”) over the Internet. Declaration of Ravi Thomas in Support of PostX’s Motion for a Preliminary Injunction (“Thomas Decl.”) ¶2. Plaintiffs services and software are sold primarily to companies that send large volumes of confidential information to their own customers. Id. Using plaintiffs software, the customer can send secure email correspondence to an email recipient. Id. ¶ 3. The correspondence appears initially on the recipient’s computer screen as an attachment to an email message sent by plaintiffs customer. Declaration of Barbara R. Shufro in Support of PostX’s Motion for a Preliminary Injunction (“Shufro Decl.”)…