lawyer for Apple .
While Sullivan said Greenlight may have shown it would likely succeed on the merits of the case, the judge during the hearing questioned whether an injunction was appropriate. The proposal became public in late December, yet Einhorn didn't sue Apple until Feb. 7.
"I'm not sure that necessarily is going to get you over the hump for irreparable harm," Sullivan said.
A separate lawsuit against Apple heard at Tuesday's hearing was filed by a different investor, Brian Gralnick. The lawsuit seeks to block not just a vote on Proposal No. 2 but also an advisory "say-on-pay" vote on executives compensation.
Sullivan indicated Tuesday he would rule against Gralnick on his request for an injunction. Apple shares ended regular trading on Tuesday down 17 cents at $459.99.
The case is Greenlight Capital LP, et al., v. Apple Inc., U.S. District Court, Southern District of New York, 13-900.