3D Systems, Incorporated v. Envisiontec, Incorporated et al

Filing 307

ORDER denying 296 Plaintiff's Motion for Permanent Injunction. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

3D SYSTEMS, INC.,
Plaintiff,
Case No. 05-74891
Hon: AVERN COHN

-vsENVISIONTEC, INC.,
ENVISIONTEC GMBH and
SIBCO, INC.,
Defendants.
/

ORDER DENYING PLAINTIFF’S MOTION FOR PERMANENT INJUNCTION
For the reasons stated on the record on April 25, 2011, as supplemented below,
Plaintiff’s Motion for Permanent Injunction (Doc. 296) is DENIED.
As noted, the evidence relating to the competitive positions of the parties is too thin
for the Court to apply the principles enunciated in eBay, Inc. v. MercExchange, LLC, 547
U.S. 388 (2006). See, Smith & Nephew, Inc. v. Synthes (U.S.A.), 466 F.Supp.2d 978
(W.D. Tenn. 2006).
Plaintiff may renew its motion at such time as it can better define the competitive
conditions for stereographic machines.
SO ORDERED.

Dated: April 25, 2011

S/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
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05-74891 3D Systems, Inc. v. Envisiontec, Inc., et al
Order Denying Plaintiff’s Motion for Permanent Injunction

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was mailed to the attorneys of record
on this date, April 25, 2011, by electronic and/or ordinary mail.

S/Julie Owens
Case Manager, [phone]

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