Cerner Corporation v. Visicu, Inc.

Filing 594

ORDER denying 579 motion for Temporary Injunction. Signed on 5/20/10 by District Judge Gary A. Fenner. (Mitchell, Lisa)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION CERNER CORPORATION, Plaintiff, v. VISICU, INC., Defendant. ) ) ) ) ) ) ) ) ) Case No. 04-1033-CV-W-GAF ORDER DENYING MOTION FOR A TEMPORARY INJUNCTION Presently before the Court is Defendant Visicu, Inc.'s ("Visicu") Motion for a Temporary Injunction. (Doc. # 579). Visicu seeks to enjoin Plaintiff Cerner Corporation ("Cerner") from selling or offering for sale its INet Virtual product for a period of 18 months in light of Cerner's alleged misappropriation of three Visicu trade secrets, namely the Gap Analysis, the Anderson Document, and the eLert Guide. (Doc. ## 579-80). Cerner opposes, arguing Visicu has not established irreparable harm or the inadequacy of remedies at law, and, alternatively, arguing the requested injunction is overly broad in time and scope. (Doc. # 586). Upon thorough review of the parties' respective arguments, the Court finds Visicu had adequate remedies at law and, therefore, equitable relief is inappropriate. Accordingly, Visicu's Motion is DENIED. IT IS SO ORDERED. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: May 20, 2010

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