EPIC GAMES, INC., Plaintiff, v. APPLE INC., Defendant Court Filing, is part of . You can jump to any part in this filing . This is part 4 of 11. Aug 24 2020 HackerNoon’s Legal PDF Series here II. LEGAL FRAMEWORK Preliminary injunctive relief, whether in the form of a temporary restraining order or a preliminary injunction, is an "extraordinary and drastic remedy," that is never awarded as of right. , , , (2008) (internal citations omitted). "It is so well settled as not to require citation of authority that the usual function of a preliminary injunction is to preserve the status quo ante litem pending a determination of the action on the merits." , (9th Cir. 1963). A preliminary injunction is "not a preliminary adjudication on the merits but rather a device for preserving the status quo and preventing the irreparable loss of rights before judgment." , (9th Cir. 1984) (citation omitted). Munaf v. Geren 553 U.S. 674, 689-90 128 S.Ct. 2207 171 L.Ed.2d 1 Tanner Motor Livery, Ltd. v. Avis, Inc. 316 F.2d 804, 808 Sierra On-Line, Inc. v. Phoenix Software, Inc. 739 F.2d 1415, 1422 In order to obtain such relief, plaintiffs must establish four factors: (1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in their favor; and (4) an injunction is in the public interest. , , (2008). Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 129 S.Ct. 365 172 L.Ed.2d 249 With respect to the success on the merits and balance of harms factors, courts permit a strong showing on one factor to offset a weaker showing on the other, so long as all four factors are established. , (9th Cir. 2011). In other words, "if a plaintiff can only show that there are serious questions going to the merits—a lesser showing than likelihood of success on the merits—then a preliminary injunction may still issue if the balance of hardships tips sharply in the plaintiff's favor, and the other two factors are satisfied." , (9th Cir. 2013) (citations and quotations omitted). Thus, under the Ninth Circuit's " ‘sliding scale’ approach to these factors," "when the balance of hardships tips sharply in the plaintiff's favor, the plaintiff need demonstrate only ‘serious questions going to the merits.’ " , (9th Cir. 2019) (quoting , ). The Court addresses each. Alliance for the Wild Rockies v. Cottrell 632 F.3d 1127, 1135 Winter Shell Offshore, Inc. v. Greenpeace, Inc. 709 F.3d 1281, 1291 hiQ Labs, Inc. v. LinkedIn Corp. 938 F.3d 985, 992 Alliance for the Wild Rockies 632 F.3d at 1131 Continue Reading . Here About We bring you the most important technical and insightful public domain court case filings. HackerNoon Legal PDF Series: This court case 4:20-cv-05640-YGR on Oct 9, 2020, is part of the public domain. The court-created documents are works of the federal government, and under copyright law, are automatically placed in the public domain and may be shared without legal restriction. published

The burden of proof falls in plaintiffs Epic Games and not defendants Apple Inc, per legal framework

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