EBay's Effect On Trial Strategy And Preparation

Law360, New York (June 30, 2008, 12:00 AM EDT) -- The ramifications of the Supreme Court’s decision in eBay Inc. v. MercExchange LLC, 547 U.S. 388 (2006), on trial strategy and preparation continue to unfold. In eBay, the Court rejected the Federal Circuit’s long-held rule that a permanent injunction should issue absent exceptional circumstances once it is determined that a valid patent is being infringed.

Instead, the patent holder wishing to secure a permanent injunction now must satisfy the traditional four-factor test for equitable relief under Rule 65, i.e., balancing (1) irreparable injury; (2) adequacy of...
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