Courts Proceed With Caution: Permanent Injunctions After eBay, Inc. v. MercExchange, LLC.

In eBay, Inc. v. MercExchange, LLC, 126 S. Ct. 1837 (2006), the U.S. Supreme Court (Supreme Court) invalidated the Federal Circuit's traditional rule that if a patent is valid and infringed, then a permanent injunction automatically issues absent exceptional circumstances. In patent cases, like all other cases, district courts must apply the traditional four-factor test to determine w...

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