Account

Sign in to access your account and subscription

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).

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Adverse Possessor Provided Insufficient Evidence to Support TackingTown’s Installation of Guardrails Did Not Constitute a TakingMortgagee Entitled to Deficiency JudgmentLandowner Adequately Alleged Trespass During Renovation

September 01, 2026

How can legal teams move fast, reduce costs, and handle greater volumes of information? AI has rapidly become the de facto answer. But beneath the enthusiasm for AI, how are practitioners actually using AI-driven tools — and what are they learning as adoption shifts from experimentation to daily operations?

September 01, 2026

Notice of Pendency Provided Constructive Notice to Foreclosure Sale Purchaser

September 01, 2026