Her answer: The former interpretation is more persuasive, and "plaintiffs have demonstrated a likelihood of success on the merits".
The plaintiffs, therefore, have demonstrated a likelihood, indeed a certainty, of success on the merits.
The Government begins by invoking the well-established principle that the party seeking pretrial relief bears the burden of demonstrating a likelihood of success on the merits.
Because Garcia has demonstrated a likelihood of success on her claim that "Innocence of Muslims" infringes her copyright, Google's argument fails.
The Navy contended that to obtain a preliminary injunction, the plaintiffs had to demonstrate a likelihood of irreparable injury to the mammals, not simply the possibility, and that the alleged injuries were too speculative to justify the injunction.
Amanda Arnold Sansone, a magistrate judge in Tampa, said in an opinion Wednesday that the plaintiffs — Robert Vazzo, David Pickup and New Hearts Outreach — sufficiently demonstrated a likelihood of success with their arguments that the ordinance violates their free-speech rights.
Under proper analysis, the F.T.C. cannot demonstrate a likelihood of succeeding on its theory that the proposed transaction is likely to lessen competition in the sale of crude oil on the West Coast or in bidding for leases on the North Slope".
And the judge, Loretta A. Preska of Federal District Court in Manhattan, held that because the church had demonstrated "a likelihood of success" on the merits of the new claim, the order was warranted.
Therefore, in cases involving multiple patent claims, to demonstrate a likelihood of success on the merits, the patentee must demonstrate that it will likely prove infringement of one or more claims of the patents-in-suit, and that at least one of those same allegedly infringed claims will also likely withstand the validity challenges presented by the accused infringer.
Reading his opinion from the bench, Judge Wolf held that Plaintiff Aguiar had not shown that he was likely to succeed on his copyright infringement claim, even assuming he could prove ownership of the allegedly infringed works, because Webb has demonstrated a likelihood of success on his fair use defense.
