ReCor Medical Inc. v. Warnking, C.A. No. 7837-VCN (Del. Ch. Nov. 12, 2013).
Issue Addressed: Whether under Court of Chancery Rule 62(c) the status quo should be maintained pending an appeal.
For additional details and procedural history regarding this dispute over the ownership of a patent, review the prior Chancery decision highlighted on these pages. In this post-trial decision, the party appealing the decision of the Chancery Court sought mandatory injunctive relief requiring ReCor to restore the status quo that existed prior to the amendments to a patent application that were made after the trial determining that they were entitled to ownership. In this short letter opinion, the Court only provided prospective relief by requiring advance written notice of 14 calendar days before any further steps were taken that might cause adverse consequences if the appeal were successful.