Implication Of EBay For Noncompetes, Other Entities

Law360, New York (August 28, 2008, 12:00 AM EDT) -- The eBay v. MercExchange (“eBay”) case has affected the issuance of a permanent injunction in patent cases. Previously, a permanent injunction was issued after a patent was determined to be valid and infringed.

In May 2006, the Supreme Court ruled in eBay case that for a permanent injunction to be issued a four-part test would have to be satisfied beyond the previously held precedent of patent validity and infringement.

To be granted an equitable relief such as permanent injunction, a plaintiff must demonstrate:

(1)That it has...
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