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Litigation Update—Injunctions Denied

On June 8, 2012, and again on July 13, 2012, the Court denied Speak For Yourself’s (SFY) request for an injunction against PRC and Semantic relating to Apple iTunes® as follows:

“Because SFY has failed to identify any legal authority requiring that we issue preliminary injunctive relief in its favor, or to provide sufficient facts to establish that it is suffering irreparable harm, we will not entertain further motion for such relief in this case. In addition, even if SFY had made, or could make, such showing, we would nevertheless refused [sic] to entertain future motions for preliminary injunctive relief because any order entered by this Court would be ineffective to remedy SFY’s alleged irreparable harms, were we to find that they exist.”

The case is now proceeding through the case management process outlined by the court.