Law360, New York (December 1, 2008, 12:00 AM EST) -- In 2006, the Supreme Court decision in eBay clarified that the traditional four-part test for injunctive relief should be applied in cases where a patentee is seeking a permanent injunction against an infringer.
While there was widespread concern among patentees that eBay would make it much harder to obtain injunctive relief, there has not been as much impact as initially feared on pharmaceutical patentees.
This may be due to the fact that most pharmaceutical patent cases involve direct competitors, so the irreparable harm, and adequate remedy...
In Pharma Cases, Injunctions Are In Public Interest
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