Patent Damages In A World Without Injunctions: Enter The Economists

Law360 (October 27, 2006, 12:00 AM EDT) -- In eBay v. MercExchange, the Supreme Court struck down the iron precedent that had previously awarded a permanent injunction to every successful patent plaintiff, thereby permanently changing the balance of power in patent litigation – even if most parties do not realize it yet. No longer can a patent holder count on the in terroram effect of a threatened injunction to force a settlement. No longer need a patent defendant fear the inevitable shutdown of its operations if it rolls the dice on going to trial...
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