In Mannatech v. Wellness Quest, the plaintiff sued defendants asserting infringement of two patents. The plaintiff then moved for a preliminary injunction and expedited discovery. Judge Kinkeade issued an Order (available here) rejecting the plaintiff’s requests. The Court premised its decision on the lack of irreparable harm:
Mannatech’s asserted irreparable harm is the loss of profits that may be going to Wellness Quest instead of Mannatech, because Wellness Quest has allegedly infringed Mannatech’s patents by producing and selling New Eden. Wellness Quest and McDaniel contend that because Mannatech has known about New Eden for several years but has not sued them until now, they cannot claim imminent irreparable harm. They further assert that any damages Mannatech has incurred can be quantified by and satisfied with a money judgment. Although Mannatech asserts that Defendants may not have the financial wherewithal to satisfy a money judgment, it provides no evidence of same beyond the fact that Wellness Quest appears to sell only two products. Moreover, as Defendants have pointed out, Mannatech will have the opportunity to seek a permanent injunction if it is ultimately successful on the merits of its patent infringement claims. The court agrees that Mannatech has not demonstrated a substantial threat of irreparable harm that cannot be undone through monetary remedies. Dennis Melancon, Inc. v. City of New Orleans, 703 F.3d 262, 279 (5th Cir. 2012), cert. denied, 133 S. Ct. 2396 (2013); Interox Am. v. PPG Indus., Inc., 736 F.2d 194, 202 (5th Cir. 1984).
Because the party seeking preliminary injunctive relief must persuade the court on all four factors, the court need not address the remaining three factors.