The factors are irreparable injury, inadequacy of legal remedies, balance of hardships favoring the plaintiff, and that the public interest would not be disserved. All four must be satisfied.
No presumption arises from a finding of infringement.
Alternative Names:
eBay Test|Four-Factor Injunction Test
Why it Matters?
Inadequacy of legal remedies is the factor most contested, since a patentee that licenses the technology broadly has demonstrated that money compensates it, and prior licensing practice is accordingly the most probative evidence on the factor. Balance of hardships also favors defendants where the patented feature is a small component of a complex product and injunction would halt the entire product line.
Frequently Confused with
Related terms
Frequently asked questions
Which factor is most contested?
When does balance of hardships favor defendants?
