US District Court for the District of Delaware Issues Report and Recommendation Denying Temporary Restraining Order on Behalf of Greenberg Traurig Client Dwelling Blocks

WILMINGTON, Del. - Feb. 12, 2026 - A multioffice team of Greenberg Traurig, LLP litigators led by Shareholders Benjamin Schladweiler in Delaware and Gregory S. Bombard in Boston obtained a favorable ruling for Automation(RE) d/b/a Dwelling Blocks Feb. 5. Magistrate Judge Sherry Fallon of the U.S. District Court for the District of Delaware issued a report and recommendation that recommended denying Voxtur Analytics Corp.'s motion for a temporary restraining order (TRO) seeking to enjoin Dwelling Blocks and its founders from selling and marketing their real estate appraisal software. The report also recommended granting the motion to dismiss for lack of personal jurisdiction brought by Dwelling Blocks' Canadian-based founders.

"We are pleased that the court recognized the substantial differences between Dwelling Blocks' new software and the plaintiff's legacy product," said Schladweiler, a member of Greenberg Traurig's Intellectual Property & Technology Practice who has been litigating complex intellectual property disputes in Delaware for more than 20 years. "We look forward to proving our clients' counterclaims against the plaintiff and fully vindicating Dwelling Blocks from any claims of wrongdoing."

Voxtur's renewed TRO motion alleged that Dwelling Blocks' appraisal software infringed its software copyright and that Dwelling Blocks misappropriated Voxtur's trade secrets when developing that software. Fallon's report noted that all four prongs of the TRO test - likelihood of success on the merits, irreparable harm to plaintiffs, the balance of hardships, and the public interest - favored denial of Voxtur's motion.

On likelihood of success, the report concluded that Voxtur's evidence "falls short of establishing that the parties' software products are substantially similar." On irreparable harm, the report concluded that Voxtur delayed in seeking injunctive relief, and that the "harms" identified by Voxtur were all in the past and "economic in nature." On the balance of the harms, the report concluded that "the harms suffered by Plaintiffs were likely to occur despite Defendants' alleged conduct." Finally, the report concluded that the public's interest favored denying the TRO because the requested injunctive relief would harm innocent third parties.

The report also rejected Voxtur's numerous arguments that the court had personal jurisdiction over Dwelling Blocks' Canadian-based founders and recommended that they be dismissed from the case. In doing so, the report concluded that five of Voxtur's 13 counts should be dismissed in their entirety, including Voxtur's claims of breach of fiduciary duty, breach of contract, conversion, and violations of the Computer Fraud and Abuse Act.

Dwelling Blocks has asserted counterclaims against Voxtur for, among other things, abuse of process, defamation, false advertising, unfair competition, and trade libel.

In addition to Schladweiler and Bombard, the Greenberg Traurig team representing Dwelling Blocks included Shareholder Justin A. MacLean in New York and Associates Renée Mosley Delcollo in Delaware and Bryan Harrison in Boston.