Alerts

Two Decisions Following the Supreme Court's Decision in eBay Deny Injunctive Relief to the Patentee

June 30, 2006

In eBay, Inc. v. MercExchange LLC, the Supreme Court effectively overturned over 100 years of precedent and concluded that permanent injunctions cannot be automatically granted following a trial court's finding of patent infringement. Instead, the trial courts are required to consider whether the plaintiff-patentee has satisfied the traditional "four factor test [for injunction] before a court may grant such relief . . . (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction."