Post-EBay: Permanent Injunctions, Future Damages

Law360, New York (January 28, 2009, 12:00 AM EST) -- The Supreme Court in eBay v. MercExchange, 547 U.S. 388 (2006) overturned the Federal Circuit’s “general rule” of automatically issuing a permanent injunction after a finding of patent infringement.[1]

District courts must now exercise equitable discretion in deciding whether to issue a permanent injunction, and decisions regarding the issuance of permanent injunctions must be analyzed under the traditional four-factor test for injunctive relief.[2]

Since eBay, numerous district court cases have applied the four-factor test, and, as a result, permanent injunctions have become more difficult to obtain.[3]...
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