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Injunctions Harder To Win In Post-EBay Courts

Law360 (October 30, 2008, 12:00 AM EDT) -- While most patent holders are still able to secure a permanent injunction in an infringement case following the U.S. Supreme Court’s ruling in eBay Inc. v. MercExchange LLC, federal courts are no longer granting injunctions to just anybody.

Before the Supreme Court’s decision, courts would issue a permanent injunction almost automatically after a finding of infringement. But since the May 2006 ruling, decisions by the district courts and the U.S. Court of Appeals for the Federal Circuit show that patent holders that are competing in the...
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