The First Department denied petitioner's request for a preliminary injunction enjoining respondents from importing and marketing a certain product, and from disclosing or using any confidential information which had been obtained in their business relationship, in OraSure v. Prestige Brands Holdings, which was decided on July 12, 2007.

The court noted that, in order to merit injunctive relief, petitioner was required to make a clear showing that (1) it would likely succeed on the merits, (2) it will suffer irreparable injury unless the relief sought is granted, and (3) the balancing of equities is in its favor. Here, petitioner's damages were calculable, and, as a matter of law, a monetary harm which can be compensated by damages does not constitute irreparable injury.