CHARLOTTE, NC — Shumaker successfully secured a preliminary injunction protecting its client, TAPP MFG, Inc., in a federal patent infringement action pending in the United States District Court for the Middle District of North Carolina.
The case involves allegations that Speed UTV, LLC unlawfully continued the manufacture and sale of certain clutch components after the termination of the parties' prior business relationship. TAPP MFG, Inc.'s claims are centered on U.S. Patent No. 12,104,695, which covers innovative continuously variable transmission (CVT) primary clutch technology used in high-performance off-road vehicles.
After full briefing and argument, the Court granted TAPP's Motion for Preliminary Injunction, concluding that TAPP satisfied the demanding Winter factors required for injunctive relief. In its Memorandum Opinion and Order, the Court found that TAPP demonstrated the requisite likelihood of success on the merits of its patent infringement claims, as well as irreparable harm arising from Speed UTV's continued conduct.
The injunction restrains Speed UTV from further acts of infringement during the pendency of the litigation.
"This ruling represents an important step in protecting our client's valuable intellectual-property rights," said Tom BenGera, Partner at Shumaker. "We are grateful for the Court's careful consideration and pleased to deliver this result for our client. That said, the work goes on as we continue to pursue this case and safeguard TAPP's innovations."
Preliminary injunctions are widely recognized as extraordinary remedies in patent litigation, requiring a clear showing of legal entitlement and equitable necessity. The Court's decision underscores both the strength of TAPP MFG, Inc.'s claims and the importance of protecting patent rights in highly competitive markets.
Shumaker's litigation team will continue to represent TAPP MFG, Inc. as the case proceeds.