Lincoln Electric Co., et al. v. Harbor Freight Tools USA, Inc.
Analysis Group was retained on behalf of Harbor Freight Tools USA, the defendant in a patent and trademark infringement lawsuit brought by Lincoln Electric Co., a manufacturer of welding products. Harbor Freight, a retailer of discount tools, introduced a line of welders intended to compete directly with Lincoln’s. Lincoln alleged that in so doing, Harbor Freight had infringed its patents, and sought a preliminary injunction barring sales of the allegedly infringing products during the pendency of trial.
An Analysis Group team led by Vice President Peter Rybolt supported Managing Principal Jeffrey Kinrich, who filed a declaration assessing the likelihood of irreparable harm to Lincoln in the absence of injunctive relief. Mr. Kinrich critiqued the declaration of a Lincoln executive, who argued that Lincoln was likely to suffer irreparable harm in the form of lost sales, damage to retailer relationships, price erosion, and ecosystem effects.
Citing Mr. Kinrich’s declaration at multiple points, a judge in the US District Court for the Northern District of Ohio denied Lincoln’s motion for a preliminary injunction because the company had not made the necessary showing of irreparable harm.