Despite finding that the makers of Cold-Eeze are likely to prove that their patent is valid and that it is being infringed by the makers of Zicam nasal spray, a federal judge has refused to issue an injunction to shut down Zicam’s factories, saying such a drastic move “would likely constitute a corporate death sentence.”

In his 75-page opinion in The Quigley Corp. v. Gumtech International Inc., U.S. District Judge Stewart Dalzell found that while Quigley clearly satisfied the first prong of the test for winning a preliminary injunction — by proving likelihood of success — it had failed to show that it would suffer any “irreparable harm” since any injury it suffers can be compensated with an award of money damages.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]