IP Law Daily, PATENT—DMont: Manufacturer of Sod Harvesting Equipment Could Not Enjoin the Manufacture or Sale of Competitor’s Sod Harvester, (Apr 19, 2013)

By Mark Engstrom, J.D.

A manufacturer of sod harvesting equipment (Trebro Manufacturing, Inc.) was not entitled to a preliminary injunction that would prevent a direct competitor (Firefly Equipment, LLC) from manufacturing, selling, or otherwise distributing its own sod harvester, the “ProSlab 150,” the federal district court in Billings, Montana, has ruled (Trebro Manufacturing, Inc. v. Firefly Equipment, LLC, April 17, 2013, Cebull, R.). Trebro’s motion for a preliminary injunction was therefore denied.

Likelihood of success on the merits. Trebro alleged that Firefly’s ProSlab 150 infringed one of its sod harvester patents. Trebro’s asserted patent was directed to a harvester that used an inclined conveyor to create a gap between consecutive slabs of sod as the slabs were lifted from the ground to a stacking bed. The ProSlab 150, however, did not raise the horizontal conveyor bed frame, as required by Trebro’s patent. In light of this difference, the ProSlab 150 did not infringe Trebro’s patent. A likelihood of success on the merits of Trebro’s patent claim was therefore nonexistent.

Irreparable harm. Trebro alleged that it “might lose market share and customers.” The owner of Trebro testified that the loss of a sale of a single sod harvester would result in the loss of $50,000 in gross profit, which could result in the layoff of employees. According to the court, any lost customers or lost market share could be compensated through an award of lost profits or reasonable royalties. Because those remedies were purely monetary, Trebro failed to show that it would suffer irreparable injury.

The case is No. CV 13-36-BLG-RFC.

Attorneys: Antoinette M. Tease (Antoinette M. Tease, P.L.L.C.) for Trebro Manufacturing, Inc. Terry E. Welch (Parr Brown Gee & Loveless, P.C.) for Firefly Equipment, LLC

Companies: Trebro Manufacturing, Inc.; Firefly Equipment, LLC

Cases: Patent MontanaNews