For years, a patent owner who proved validity and infringement was virtually assured of obtaining an injunction preventing the infringer from continuing to make and sell infringing products. But the Supreme Court changed all that in its eBay decision requiring courts to perform the same analysis applied in all other cases when determining whether a party is entitled to an injunction. After eBay, however, questions remained about whether a patent owner should still be entitled to a presumption of irreparable harm, an important factor in the injunction analysis, due to the exclusionary nature of patents. Recently, the Federal Circuit confirmed that this presumption no longer exists in patent-infringement litigation when it overturned a district-court decision denying a permanent injunction to the patent owner.
December 06, 2011
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