Patent Injunctions After EBay

Law360, New York (July 25, 2008, 12:00 AM EDT) -- So you’re suing for patent infringement and one of your goals is to permanently stop the defendant from making, selling or using the infringing product. A no-brainer, right, so long as you can prove infringement? Not so fast.

Whereas permanent injunctions used to be almost a sure thing once a court found infringement, that is no longer true in light of the Supreme Court’s decision in eBay Inc. v. MercExchange, 547 U.S. 388 (2006). Now, a patent holder must go through the same four-part analysis that...
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