It is not the presentation of a party making a showing of strong likelihood of success on the merits. North built the Minden plant in late 1994, several years after it was notified that it was infringing the patents and long after this lawsuit was filed. North, and its 3DL employees, knew at all times that they were accused of infringing numerous patents. North knowingly put it, and its employees, in the exact position it now complains of. It is obviously unfortunate if it is true that some employees may possibly lose their jobs, but this is often the inevitable consequence of misplaced business decisions.
Plants reduce capacity or even close.
Of course, the other side of the coin is that Sobstad will be able to offer stronger employment opportunities. Hopefully, North's Minden employees can be retasked to making non-infringing sails at Minden or one of North's other facilities. Now, Sobstad has less than five years of remaining exclusivity to rectify the tremendous wrong done to it in the marketplace by North. The irreparable injury from the past eight years cannot be corrected, but it surely should not be perpetuated a single day longer. Sobstad needs every day of remaining patent life to re-establish itself in the marketplace as the innovator.