In Re Whelan Security Co. D/B/A Gardaworld Security Services v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that “eBay abolishes our general rule that an injunction normally will issue when a patent is found to have been valid and infringed”
• holding that plaintiff did not need to provide direct evidence to make prima facie showing of lost market share
• noting that the patentee bears the burden of showing lost market share, although it need not do so with direct evidence
• stating that “the absence of a two-supplier market does not weigh against a finding of irreparable harm”
• stating that courts should not “entirely ignore the fundamental nature of patent as property rights granting the owner the right to exclude”
• noting that a clear error of judgment occurs when an action is “arbitrary, fanciful, or clearly unreasonable”

Source: CourtListener parenthetical corpus (CC0).