eBay V. MercExchange: Did The Supreme Court Concurrence Crush Claimants Who Chose Not To Commercialize?

Law360, New York (June 20, 2006, 12:00 AM EDT) -- The Supreme Court recently issued a ruling in the eBay case and gave us some answers with respect to the test for granting permanent injunctions in patent cases. We know the test but unfortunately have conflicting authority as to how to apply it.

Some background: eBay lost a patent infringement suit brought by MercExchange. After a finding of both a valid patent and infringement, MercExchange made a motion for entry of a permanent injunction order. See MercExchange, L.L.C. v. eBay, Inc., 275 F.Supp.2d 695 (E.D. VA....
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