IP: Injunctions And Irreparable Harm After eBay

Reprinted with permission from InsideCounsel.

It has been about six years since the Supreme Court changed the rules for obtaining an injunction in patent cases in eBay, Inc. v. MercExchange, LLC. Patent holders who succeeded in proving liability lost the presumptive entitlement to injunctive relief they previously enjoyed. Instead, the eBay court ruled that, going forward, patent infringement injunctions had to satisfy the four-part test used to assess other requests for an injunction.

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IP: Injunctions And Irreparable Harm After eBay

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