irreversible harm in that it will suffer the loss of its sole source position in the government market, loss of its competitive edge as a leader in this market, loss of its exclusive position in the commercial and foreign markets, and will critically threaten the financial health, and possibly existence, of the plaintiff.
On the other hand, the detriment to the government by the granting of the injunction and the preservation of the status quo is relatively minimal, because the government will continue to maintain a source in plaintiff for the procurement of the product, will not incur the expense of re-drawing plaintiff's drawings, and will consequently be able to procure the items far more expeditiously, if necessary.
In sum, the criteria required for the granting of a preliminary injunction by this Court have been met. Holiday Tours v. Washington Metropolitan Area Transit Authority, 125 U.S. App. D.C. 336, 372 F.2d 401 (D.C. Cir. 1967); Virginia Petroleum Jobbers Association v. Federal Power Commission, 104 U.S. App. D.C. 106, 259 F.2d 921 (D.C. Cir. 1958).
Because the ongoing prosecution of Conax of its appeal before the Armed Services Board of Contract Appeals together with the prosecution of their complaint before this Court presents irreconcilable problems as to jurisdiction, procedure and ultimate relief, the appeal before the Board should be withdrawn.
WHEREFORE, upon consideration of the foregoing, it is this 23rd day of December, 1985,
That plaintiff's motion for preliminary injunction is granted and defendants' motion to dismiss is denied.
That the defendants are enjoined from copying, altering, or re-drawing those of plaintiff's drawings identified under Data Item A008 of Contract N60530-83-C-0043 as marked with restrictive legends, or in any way removing the restrictive legends contained on those drawings, or disclosing said drawings publicly or distributing said drawings within the government without plaintiff's legends thereon, pending the determination on the merits of plaintiff's complaint against defendants for Trade Secrets Act violations, to be resolved before this Court; provided, however, that, within ten (10) days from the date of this Order, plaintiff dismisses with prejudice, its appeal presently docketed (Dkt. No. 31966) before the Armed Services Board of Contract Appeals.
That the plaintiff shall within five (5) days of this Order post with the Clerk of this Court, in cash or by surety bond, security in the amount of $1,000 for damages that may be incurred or suffered by the defendants because of the possibility that the relief granted herein may be improvidently entered.
FURTHER ORDERED, that since it appears that there are material and substantial issues of fact which remain to be resolved in this action, both plaintiff's and defendants' motions for summary judgment, are denied.
That a status call is scheduled in this proceeding on January 6, 1986 at 9:30 a.m.