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⚡ Perdura IP Litigation Series

Preliminary Injunction Evidence

A Checklist for Speed and Authentication Depth

Automated collection resolves the tension between speed and authentication depth.

  • Capture evidence immediately on discovery — before any other action
  • Establish likelihood of success on the merits — IP rights + infringement evidence
  • Document irreparable harm — ongoing infringement, brand damage, dissipation risk
  • Prepare evidence for an ex parte application — full and frank disclosure
  • Quantify the balance of convenience — scale of harm on both sides
  • Prepare for a return date hearing — witness statements, contingency evidence
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Days
Netherlands/Germany timeline
Preliminary injunctions in the Netherlands and Germany can be obtained within days of filing — the fastest in Europe. Evidence must be ready before the application is made.
Ex parte
Same-day TRO available (US)
US courts can grant a Temporary Restraining Order on an ex parte application on the same day it is filed. Evidence of infringement and irreparable harm must be immediately available.
Full frank
Ex parte disclosure duty
Ex parte applications require full and frank disclosure of all material facts — including those adverse to the applicant. Failure to disclose may result in discharge of the order.
Key Principle
A capture that takes 30 seconds to execute and automatically generates a hash, a qualified timestamp, and a collection log satisfies both the speed requirement for injunctive relief and the authentication depth required to survive challenge.
What's Inside

7 steps for injunction-ready evidence.

I Assess the Urgency and Choose Your Forum — speed vs. authentication depth
II Capture Evidence Immediately on Discovery — before any other action
III Establish Likelihood of Success on the Merits — IP rights + infringement evidence
IV Document Irreparable Harm — ongoing infringement, brand damage, dissipation risk
V Prepare Evidence for an Ex Parte Application — full and frank disclosure
VI Quantify the Balance of Convenience — scale of harm on both sides
VII Prepare for a Return Date Hearing — witness statements, contingency evidence