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Expert Analysis

How Courts Consider Patent Injunction's Impact On Public

Law360, New York (September 11, 2013, 2:50 PM EDT) -- When considering whether to grant a patentee's motion for a permanent injunction, judges increasingly rely on the public-interest factor — the last of a four-factor test established by the U.S. Supreme Court in eBay Inc. v. MercExchange LLC.[1] Historically the least discussed and weighted of the four eBay factors outside of cases dealing with lifesaving technologies, the public-interest factor has played a significant role in some recent cases that show how courts will consider the overall impact of an injunction on the public at large....

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