EBay Inc v. MercExchange, L.L.C., 126 S. Ct. 1837 (2006)

Who: The Supreme Court in a unanimous decision, with concurring opinions by Justices Roberts and Kennedy

Held: Courts have discretion to grant injunctive relief for patent infringement only when traditional equity principles are satisfied. Specifically, an injunction can only be granted when the plaintiff demonstrates:

  1. that it has suffered an irreparable injury;
  2. that remedies available at law are inadequate to compensate for that injury;
  3. that considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and
  4. that the public interest would not be disserved by a permanent injunction

Subsequent developments

~NEW~ The Eastern District of Virginia MercExchange’s request for permanent injunctive relief. (07/30/07)

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