E.I. Du Pont de Nemours and Co. v. MacDermid Printing Solutions

E.I. du Pont de Nemours & Company (“DuPont”) appeals from the district court’s denial of its motion for preliminary injunction. Memorandum Opinion, E.I. du Pont de Nemours & Company v. MacDermid, Inc., Case No. 06-CV-3383 (MLC/TJB) (D.N.J. Aug. 13, 2007) (“Preliminary Injunction Opinion”). We heard oral argument on April 9, 2008. We hold that the district court abused its discretion in finding that a substantial question as to validity existed because of uncertainty regarding the priority date.  Because the district court did not reach the parties’ remaining arguments as to validity and enforceability as well as the remaining preliminary injunction factors, we vacate and remand for the district court to consider these issues in light of the correct priority date.

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