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Permanent Injunctions in Patent Cases: Generating Evidentiary Support

The Supreme Court recently changed the longstanding rules for obtaining a permanent injunction in patent infringement cases. <i>eBay Inc. v. MercExchange LLC</i>, 126 S.Ct. 1837 (2006). Prior to the Supreme Court's ruling in eBay, it was generally accepted that a successful plaintiff in a patent infringement trial was entitled to a permanent injunction virtually automatically. The Federal Circuit's rule was 'courts will issue permanent injunctions against patent infringement absent exceptional circumstances.' The few exceptions to this rule were generally limited to situations where public health would be affected by enjoining the infringer.

23 minute read April 27, 2007 at 04:53 PM
By
David P. Irmscher and Abigail M. Butler
Permanent Injunctions in Patent Cases: Generating Evidentiary Support

The Supreme Court recently changed the longstanding rules for obtaining a permanent injunction in patent infringement cases. eBay Inc. v. MercExchange LLC, 126 S.Ct. 1837 (2006).

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