Recent Developments Regarding Permanent Injunctions In Patent Cases

Law360, New York (July 12, 2006, 12:00 AM EDT) -- In May of this year, the U.S. Supreme Court, in eBay Inc. v. MercExchange LLC, held that motions for permanent injunctive relief in patent cases are to be decided using a four factor test.

While Justice Thomas’ opinion was unanimous, the decision was less than clear due to two separate concurrences, one authored by Justice Roberts and the other by Justice Kennedy, which took different approaches on the issue.

The Roberts concurrence seemed to suggest that what had happened historically—injunctions being granted in most cases—was probably...
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