hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's grant of a preliminary injunction in favor of hiQ, a data analytics company, prohibiting LinkedIn, a professional networking website, from denying hiQ access to publicly available LinkedIn member profiles.
The panel held that the district court did not abuse its discretion in concluding that hiQ currently has no viable way to remain in business other than using LinkedIn public profile data for its Keeper and Skill Mapper services, and that HiQ therefore has demonstrated a likelihood of irreparable harm absent a preliminary injunction. The panel also held that the district court's determination that the balance of hardships tips sharply in hiQ's favor was not illogical, implausible, or without support in the record; hiQ raised serious questions regarding the merits of its tortious interference with contract claim and LinkedIn's legitimate business purpose defense; hiQ also raised a serious question regarding whether state law causes of action were preempted by the Computer Fraud and Abuse Act; and the district court's conclusion that the public interest favors granting the preliminary injunction was appropriate.