What To Expect And What To Do After The Supreme Court’s eBay Opinion

Law360, New York (June 26, 2006, 12:00 AM EDT) -- The race is on to offer opinions about what lower courts will do and how they will do it in view of the Supreme Court’s decision in eBay, Inc. v. Mercexchange, L.L.C., 126 S.Ct. 1837, 164 L.Ed.2d 641, 78 USPQ2d 1577 (2006). A review of the eBay case should provide valuable and instructive insight in answering both of these questions.

To recap the eBay case, the District Court refused to grant a permanent injunction, but the Federal Circuit reversed, stating that the “general rule” in patent...
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