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Reasonable Royalties After EBay

Law360 (September 24, 2007, 12:00 AM EDT) -- The Supreme Court, in its decision in eBay Inc. et al. v. MercExchange LLC (“eBay”), clarified the legal standard for granting injunctive relief to a plaintiff in a patent infringement lawsuit.[1]

Rather than granting an automatic injunction in the event the patent in dispute is found to be valid and infringed, as was the past practice, courts must apply the traditional four-factor test to determine whether an injunction is appropriate.[2]

While this decision should directly affect parties’ expectations of relief in a patent matter, it could...
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