Oral argument is never guaranteed in D. Del. This means you need to be careful in paring back your briefs—anything that ends up on the cutting room floor might never see the light of day.
Case in point: On Friday, Judge Stark issued an order denying a motion for a preliminary injunction in a competitor case (seeking to require the defendant to withdraw several pending IPR petitions). Both sides requested oral argument, and the plaintiff requested an expedited hearing.
Instead of holding argument, Judge Stark summarily denied the motion on the papers. In a single paragraph, he held that the plaintiff "failed to persuade the Court" on any of the preliminary injunction factors, and noted that a full opinion would be issued "[i]n due course":
Nippon Shinyaku has failed to persuade the Court that it is likely to succeed on the merits, that it will suffer cognizable irreparable harm in the absence of extraordinary preliminary relief, that the balance of harms tips in its favor, or that the public interest warrants the relief that it seeks. In due course, the Court will issue a memorandum that more fully explains its reasoning.
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