Patent Injunctions After eBay: What Direction Will They Take?

Law360, New York (May 24, 2006, 12:00 AM EDT) -- On May 15, 2006, the U.S. Supreme Court held, in eBay, Inc. v. MercExchange, 2006 WL 1310670, Case No. 05-130 (U.S. Sup. Ct. 2006), that “the decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts.” The Court indicated that district courts should apply the “traditional principals of equity” that govern the award of injunctive relief. As such, the U.S. Supreme Court unanimously reversed the U.S. Court of Appeals for the Federal Circuit’s “general rule,” expressed in MercExchange, L.L.C....
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