EBay: Intended, Unintended Consequences

Law360, New York (February 20, 2009, 12:00 AM EST) -- As many litigants spent their efforts analyzing whether eBay Inc. v. MercExchange LLC, 547 U.S. 388 (2006), increased or decreased the likelihood of a permanent injunction issuing in their case, they overlooked the oncoming “ongoing” license storm.

Yes, in a post eBay world, permanent injunctions are no longer “automatic.” Still, the 46 trial court decisions applying eBay show that patent owners face favorable odds. Overall, there is a 69.6 percent chance that a court will grant a permanent injunction.

The patent owner faces better odds when...
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