Federal Circuit restates eBay’s end to presumption of irreparable harm, as it vacates preliminary injunction over means-plus-function claim

Context: In November 2023, Socket Solutions, LLC sued Import Global, LLC for alleged infringement of U.S. Patent No. 9,509,080 (“Functional indoor electrical wall outlet cover”). The United States District Court for the Southern District of Florida granted Socket Solutions’ motion for preliminary injunction (PI).

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Court and counsel

Panel: Chief Judge Kimberly A. Moore, Circuit Judge Sharon Prost, and District Judge Richard Seeborg3.

Socket Solutions was represented by Rice Technology Law Group’s Edward H. Rice and Marina Saito.

Import Global was represented by Mitby Pacholder Johnson’s Timothy W. Johnson.


  1. Claim 19 of the ‘080 patent describes: “[A] cord comprising at the cord’s proximal end: at least one hot pin, at least one neutral pin and optionally a ground wire…” ↩︎
  2. 35 U.S.C. § 112(f) states: “An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.” ↩︎
  3. Of the U.S. District Court for the District of Northern California, sitting by designation. ↩︎