Remington Sherman Automotive, LLC v. FMG North Texas, LLC, Successor in Interest of FMO Real Estate, LLC

How courts have described this case

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

• holding post-petition patent infringement would seem to qualify for administrative expense priority treatment
• injunction pendente lite in patent suit unavailable except when patent is beyond question valid and infringed
• damages resulting from the infringement of the plaintiff's patent occurring while the trustee was operating the debtor’s business, treated as administrative expense
• Precision doctrine would not require disclosure of certain references if references not found to be prior art
• “In order for nondisclosure to constitute inequitable misconduct there must be something more than negligence— . . . there must be ‘some element of wrongfulness, wilfulness or bad faith that transgresses the basic concept of doing equity.’ ”
• insolvency exception did not apply where “in a[n] [ongoing] Chapter XI proceeding[,]” “it is not unreasonable to believe that [the alleged debtor] will have sufficient assets to respond to plaintiff’s recoverable damages for infringement if . . . the action is promptly tried”

Source: CourtListener parenthetical corpus (CC0).