Damage Calculations Post eBay: The Economic Considerations

This article provides an overview of how various courts have dealt with the question of post-verdict compensation in the wake of the <i>eBay Inc. v. MercExchange L.L.C.</i> verdict.

20 minute read June 29, 2009 at 03:26 PM

Michael K. Milani And Trevor M. Blum

Damage Calculations Post eBay: The Economic Considerations

The May 2006 decision by the Supreme Court in eBay Inc. v. MercExchange L.L.C., 547 U.S. 388 (2006), ended the long-held belief that courts will routinely grant injunctive relief to successful plaintiffs in patent infringement matters.

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