Courts Write History on Permanent Injunctions In Patent Actions

Law360, New York (August 21, 2006, 12:00 AM EDT) -- In eBay Inc. v. MercExchange L.L.C., the Supreme Court, in a unanimous opinion, vacated and remanded the judgment of the Court of Appeals for the Federal Circuit which had held that there was a “general rule” that courts will issue permanent injunctions against patent infringement absent exceptional circumstances. eBay Inc. v. MercExchange L.L.C., 547 U.S. __, 126 S. Ct. 1837, 1839, 164 L. Ed. 2d 641 (2006).

The Supreme Court held that “the decision whether to grant or deny injunctive relief rests within the equitable discretion...
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