Federal Circuit Rejects Presumption of Irreparable Harm for PI Motions

On August 4, 2026, the Federal Circuit issued a precedential decision in Socket Solutions, LLC v. Import Global, LLC, clarifying that district courts may not rely on a presumption of irreparable harm when evaluating requests for preliminary injunctions in patent infringement cases.

The ruling stems from an appeal of a district court order granting a preliminary injunction involving electrical wall outlet covers. The appeals court first addressed claim construction errors that undermined the likelihood of success on the merits before turning to the irreparable harm element.

Citing the Supreme Court’s 2006 eBay decision, which eliminated the presumption for permanent injunctions, the Federal Circuit extended the same principle to preliminary injunctions. It rejected prior precedent that had allowed the presumption upon a showing of validity and infringement.

The court noted that the same logic applies whether the injunction sought is permanent or preliminary, as the eBay framework requires a case-specific analysis of the traditional equitable factors without shortcuts.

The decision brings patent practice into alignment with the post-eBay landscape while distinguishing it from trademark cases, where a statutory rebuttable presumption remains available under the Trademark Modernization Act of 2020.