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I recall from Florian Mueller’s coverage of German patent cases that when a preliminary injunction is not immediately enforced once it is issued. The other part
by guan 12y ago
I recall from Florian Mueller’s coverage of German patent cases that when a preliminary injunction is not immediately enforced once it is issued. The other party has to post a bond first, so that the enjoined party can recover damages if it later turns out that the injunction was wrongly issued. Is that also true in this case? That could explain why Uber will continue operating for now.
- Xylakant 12y agoIf the injunction was granted in error, the requesting party may be liable for damages. I don't know if a bond is required. This is how Über bullied the winning party into not enforcing the injunction last time they lost a similar case in Berlin. However, this time the opposing party is not a small 10 people company, but a larger union. I don't expect that this will work this time.