Injunctions In District Courts And The ITC

Law360, New York (February 10, 2010, 11:09 AM EST) -- As a result of eBay Inc. v. MercExchange LLC, 547 U.S. 388 (2006), and Kyocera Wireless Corp. v. International Trade Commission, 545 F.3d 1340 (Fed. Cir. 2008), the availability of injunctive relief and the procedures for seeking such relief has changed both in the district courts and at the International Trade Commission. This article provides an update on how district court and ITC practice has adapted to those decisions limiting injunctive relief.

In 2006, the Supreme Court issued its decision in eBay, increasing the hurdles patentees...
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