Lack of Market Share Undermines Claim of Irreparable Harm for Preliminary Injunction

The court denied plaintiff's motion for a preliminary injunction to preclude the sales of the accused fracking system because plaintiff failed to establish irreparable harm through loss of market share or reputation. "⁠[Plaintiff] currently has no share of the market for 'profile selective frac sleeves' because it has not sold any devices covered by the [patent-in-suit] in that identified market. Although [plaintiff] claims that it is developing a new product for the 'profile selective frac sleeves' market, it is undisputed that the new product at the time of the hearing had not yet reached the field testing phase. . . . [Plaintiff] has not shown a likelihood that continued sales of the [accused] system will have a negative impact on its reputation in either of the identified markets."

Gryphon Oilfield Solutions, LLC v. Stage Completions Inc. et al, 4-17-cv-03220 (TXSD January 17, 2018, Order) (Atlas, USDJ)