Try our Advanced Search for more refined results

Expert Analysis

Fed. Circ. Should Clarify Irreparable Harm In Patent Cases

Law360, New York (December 2, 2013, 1:23 PM EST) -- ​As in other cases, to obtain an injunction in a patent case, the plaintiff is required to demonstrate, among other things, an irreparable injury — or, in the case of a preliminary injunction, a likelihood of irreparable harm — absent an injunction.[1] Nevertheless, until 2006, when the U.S. Supreme Court overturned the Federal Circuit in eBay v. MercExchange, injunctions were the "general rule" in patent cases once infringement had been established.[2] Left open by eBay was whether "irreparable harm" might mean something different in patent cases. Lower courts have struggled to fill that vacuum....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Related Sections

Law Firms

Companies

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!