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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.