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Permanent Injunctions in Patent Cases: Generating Evidentiary Support

By David P. Irmscher and Abigail M. Butler

The Supreme Court recently changed the longstanding rules for obtaining a permanent injunction in patent infringement cases. eBay Inc. v. MercExchange LLC, 126 S.Ct. 1837 (2006). Prior to the Supreme Court's ruling in eBay, it was generally accepted that a successful plaintiff in a patent infringement trial was entitled to a permanent injunction virtually automatically. The Federal Circuit's rule was 'courts will issue permanent injunctions against patent infringement absent exceptional circumstances.' The few exceptions to this rule were generally limited to situations where public health would be affected by enjoining the infringer.

In the eBay decision, the Supreme Court rejected the Federal Circuit's general rule that permanent injunctions will issue automatically. Now, a successful plaintiff must satisfy the traditional four-factor test before a permanent injunction will be entered. The four factors that the plaintiff must satisfy are:

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

See eBay Inc. v. MercExchange LLC, 126 S.Ct. 1837.

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