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IP: Injunctions And Irreparable Harm After eBay
Since eBay, district courts have had difficulty deciding when a successful patent holder should also be entitled to an injunction.
June 19, 2012
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.
The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.
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