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Permanent Injunctions in Patent Cases: Generating Evidentiary Support
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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.