Litigation Post eBay

Law360, New York (October 18, 2006, 12:00 AM EDT) -- The Supreme Court’s opinion in eBay v. MercExchange L.L.C., 126 S.Ct. 1837 (2006) restored the district court’s discretionary power to determine whether to issue injunctive relief after a finding of infringement and validity in patent cases.

Based on a review of the Texas district court decisions applying eBay in patent cases to date – which were all decided by the Eastern District of Texas – it appears that, post eBay, permanent injunctions are unlikely to be issued in cases where the plaintiff does not practice the...
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