DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212496P.pdf 02/23/2022 Wildhawk Investments, LLC v. Brava I.P., LLC
U.S. Court of Appeals Case No: 21-2496
U.S. District Court for the Southern District of Iowa - Central
[PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Wollman,
Circuit Judge]
Civil case - Contracts. The district court erred in granting plaintiff a
preliminary injunction barring defendants from manufacturing or selling
composite roofing products; the evidence from the preliminary injunction
showed defendants likely breached the license agreement by manufacturing
roofing products using the technical knowledge exclusively licensed to
plaintiff, and the court did not err in concluding plaintiffs had a fair
chance of proving defendants violated the terms of the license agreement;
that said, however, plaintiff's conduct after executing the license
agreement leads the court to conclude that plaintiff is unlikely to
succeed on the merits of its breach of contract claim; uncontroverted
evidence establishes every element of the defense of equitable estoppel,
and the district court erred in rejecting the defense and in finding
plaintiff had a likelihood of success on its breach of contract claim;
plaintiff failed to show either reasonable diligence or harm that cannot
be compensated by money damages, and it did not establish the irreparable
harm required under the Dataphase test; the preliminary injunction is
vacated, and the matter is remanded for further proceedings.