Focus (Forum & Focus)
Jul. 28, 2007
Patently Proved
Focus Column - Virginia DeMarchi - Long-standing trends in when the holder of an infringed patent can obtain an injunction are beginning to change.
By Virginia DeMarchi
More than a year has passed since the U.S. Supreme Court's decision in eBay v. MercExchange, 126 S.Ct. 1837 (2006). In eBay, a unanimous court held that successful plaintiffs in patent-infringement cases are not automatically entitled to a permanent injunction and that "well-established principles of equity" require that patent holders satisfy the traditional four-factor test for...
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