Congress Shouldn’t Overturn EBay Patent Injunction Standard

Law360 (September 19, 2018, 12:40 PM EDT) -- The U.S. Supreme Court’s 2006 decision in eBay v. MercExchange is surely one of its most impactful so far this century. In eBay, the court held that, when a patent owner succeeds in proving patent infringement, the owner isn’t automatically entitled to an injunction. Instead, injunctions are discretionary; and in about a quarter of all cases decided since 2006, judges have awarded the prevailing patent owner an ongoing, court-ordered royalty in place of injunctive relief.

Just within the past year, however, several members of Congress have introduced a bill (the STRONGER Patents Act) that would, among other things, overturn eBay by...

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