Case: 24-2265 Document: 20 Page: 1 Filed: 11/19/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

VIDSTREAM LLC, Plaintiff-Appellant

v.

TWITTER, INC., Defendant-Appellee ______________________

2024-2265 ______________________

Appeal from the United States District Court for the Northern District of Texas in No. 3:16-cv-00764-N, Judge David C. Godbey. ______________________

ON MOTION ______________________

Before REYNA, LINN, and STOLL, Circuit Judges. PER CURIAM. ORDER VidStream LLC appeals from the district court’s order denying its motion for a preliminary injunction for failing to establish irreparable injury. Twitter, Inc. moves for summary affirmance. VidStream opposes. Case: 24-2265 Document: 20 Page: 2 Filed: 11/19/2024

2 VIDSTREAM LLC v. TWITTER, INC.

VidStream’s challenge hinges on its argument that “the district court here simply had no discretion to require additional harm beyond ongoing infringement VidStream established.” Opening Br. (ECF No. 11) at 20; see also id. at 2 (“According to the principles administered by the Court of Chancery at the founding, the likelihood of ongo- ing infringement itself constituted irreparable injury.”); id. at 8 (“According to these principles, the likelihood of ongo- ing infringement itself is irreparable injury.”). VidStream’s argument clearly runs afoul of the Su- preme Court’s decision in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 393 (2006), which rejected such a “broad” and “categorical rule” in deciding motions for in- junctive relief in the context of patent infringement. See Robert Bosch LLC v. Pylon Mfg. Corp., 659 F.3d 1142, 1149 (Fed. Cir. 2011) (confirming “that eBay jettisoned the pre- sumption of irreparable harm” and “abolishe[d] our general rule that an injunction normally will issue when a patent is found to have been valid and infringed”). Given that VidStream’s only challenge in its opening brief raises no substantial question regarding the outcome of the appeal under governing Supreme Court precedent, the court affirms, and finds it appropriate to do so by sum- mary order. See Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994) (“[S]ummary disposition is appropriate, in- ter alia, when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.”). 1

1 VidStream’s opposition to the motion appears to al- lege irreparable harm from Twitter’s litigation conduct. Such argument was not raised in VidStream’s opening brief, and those arguments are waived. See SmithKline Beecham Corp. v. Apotex Corp., 439 F.3d 1312, 1319 (Fed. Case: 24-2265 Document: 20 Page: 3 Filed: 11/19/2024

VIDSTREAM LLC v. TWITTER, INC. 3

Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The order denying a pre- liminary injunction is summarily affirmed. (2) Each side shall bear its own costs. FOR THE COURT

November 19, 2024 Date

Cir. 2006) (“Our law is well established that arguments not raised in the opening brief are waived.”).