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.


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