A blog about patent, copyright and trademark law in the U.S. District Court
for the Southern District of New York

Court Denies Stay of Permanent Injunction Pending Appeal

Following up an earlier decision to grant a permanent injunction (here), Judge Katherine B. Forrest, in a May 21, 2014 ruling, denied the defendant's motion for a stay of the injunction pending appeal.  The Court wrote:
ABN's position is premised on the erroneous assumption that the Court should or intended to provide the time it viewed as necessary to complete an ordinary transition [from the infringing software].  That was not the Court's intent.  How and what ABN chooses to do during the transition period is up to ABN -- the Court's view is that the one year period [before the effective date of the injunction] provides sufficient and reasonable time for ABN to "get off" BankTrade.  Whether ABN starts a transition to using another system or outsources its trade finance business entirely is up to ABN.  The Court does not have a view as to what business decisions ABN will make over the next year.  It has but one requirement:  ABN shall stop using BankTrade by the expiration of that period.

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