In an intellectual property dispute with several pending motions, the district court held a telephone conference and said the following about the pending application for preliminary injunction:
“I can see that there at least would be a fact issue as to whether or not the contract’s violated, but that’s a different proposition from concluding that a preliminary injunction should be granted. There are a lot of factors to take into account to decide whether or not, ultimately there would — a breach of contract would be found to exist, such as, whether or not there’s a possibility for some relief besides injunctive relief, such as the recovery of damages. I haven’t found anything in the papers to indicate to me that the defendant couldn’t respond to a judgment in damages, if required to do so. I don’t — I don’t think a preliminary injunction is necessary or appropriate in this case, so I’m going to deny that request.”
Observing that the district court’s statmeent in damages “seems to relate to [Defendant’s] ability to respond to a judgment in damages, which does not relate to whether damages would be an adequate remedy,” the Fifth Circuit vacated and remanded for a lack of findings of fact and conclusions of law under Fed. R. Civ. P. 52(a). Software Development Technologies v. Trizetto Corp., No. 13-10829 (Nov. 5, 2014, unpublished).