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COMPUTER ASSOCIATES v. QUEST SOFTWARE

United States District Court, N.D. Illinois


July 15, 2004.

Computer Associates
v.
Quest Software.

The opinion of the court was delivered by: JAMES ZAGEL, District Judge

Before me is an emergency motion to enter a preliminary injunction order in accordance with the ruling of the presiding judge, Moran, J., entered in late June. Judge Moran found plaintiffs were entitled to a preliminary injunction and left to a future the date the exact terms of the order and the size of the bond. Judge Moran returns to court eight days hence. Having read Judge Moran's opinion and having consulted the file in the case, I do not regard this as a matter that need be decided before Judge Moran's return. It is an interesting case for any judge's docket, but the fact is that a judge who has considered carefully the arguments of the parties on the merits of the injunction issue is likely to make the better decision on the form of the injunction and the amount of security required. This fact would be outweighed by the urgency of the need for prompt issuance of the injunction. Here I find that relatively small harm, if any, will be done to plaintiff by waiting a few days. No clear showing of immediate harm is made and, after all is said and done, the defendants and the market in which they deal understand that all transactions involving any use of trade secrets are subject to an injunction which will issue soon. It is best to wait for Judge Moran in these circumstances.

20040715

© 1992-2004 VersusLaw Inc.



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