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Copyright’s Promise For Patent Injunctions

Law360 (August 30, 2006, 12:00 AM EDT) -- In eBay Inc. v. MercExchange L.L.C., 126 S. Ct. 1837 (2006), the United States Supreme Court affirmed the application to patent law of the traditional four factors a plaintiff must show when seeking an injunction, overruling the Federal Circuit’s practice of awarding such injunctions in all but exceptional circumstances.

The Supreme Court suggested that its decision harmonized patent law with the approach taken in copyright law. This article examines copyright jurisprudence to determine what effect the application of that approach would have on requests for patent...
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