The Supreme Court Rejects Automatic Permanent Injunctions in Patent Cases in eBay v. MercExchange
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چکیده
In eBay, Inc. v. MercExchange, LLC, ___ S.Ct. ___ (May 15, 2006), a unanimous United States Supreme Court abrogated the Federal Circuit’s “general rule” that a permanent injunction will issue once a patent is adjudged valid and infringed. In a concurring opinion for four of the eight Justices that considered eBay, Justice Kennedy singled out cases involving patent trolls and business method patents and distinguished them from traditional patent cases, explaining that the district courts must exercise equitable discretion in deciding whether or not to issue permanent injunctions to account for the different economic and legal considerations raised by these recent cases.
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