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Expert Analysis

Reframing Patent Infringement From Injunction To Servitude

Law360, New York ( October 27, 2014, 10:14 AM EDT) -- Traditionally, at least until the U.S. Supreme Court's ruling in eBay Inc. v. MercExchange LLC, 547 U.S. 388 (2006), courts issued injunctions almost automatically upon a finding of patent infringement (absent findings of invalidity or unenforceability). Since the eBay ruling, written by Justice Clarence Thomas, which directed courts to use a four-factor test for equitable relief[1], the rate at which injunctions are granted has plummeted....

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