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Expert Analysis

Patterns In Post-Adjudication Of Infringement Damages

Law360, New York (October 28, 2011, 12:43 PM EDT) -- By eliminating a bright-line presumptive rule — awarding a permanent injunction as relief for a finding of patent infringement — eBay Inc. v. MercExchange LLC brought the equitable nature of injunctive relief back into focus.[1] Now, rather than issue an injunction as a matter of course, a district court must conduct the traditional four part injunction inquiry that balances harms and benefits; no more one-size-fits-all remedy. Equity is not easily administered, however, and the post-eBay landscape demonstrates uncertainty over the approach to awarding compensatory relief to patent owners for harm caused by adjudicated, but non-enjoined infringers.[2]...

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