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The Patent Geek Blog
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- Supreme Court Eliminates Mandatory Permanent Injunctions in Patent Cases
- The United States Supreme Court on May 15, 2006, entered the controversy surrounding patent reform in eBay, Inc. v. MercExchange, L.L.C. As Congress continues to debate changes to the Patent Act, including permanent injunctions against patent infringers, the Court rejected the Federal Circuit's "general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances." 401 F.3d 1323, 1339 (Fed. Cir. 2005). Instead, the Court applied the historical four-factor test for a permanent injunction, where a patentee must show that: 1) it suffered irreparable injury; 2) remedies available at law, such as monetary damages, are inadequate to compensate for that injury; 3) a remedy in equity is warranted considering the balance of the hardships between the plaintiff and defendant; and 4) a permanent injunction would not disserve the public interest.
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