eBay eliminated the presumption of irreparable harm upon a finding of infringement, requiring the four-factor equitable test. Courts weigh irreparable harm, inadequacy of damages, balance of hardships, and public interest.
Non-practicing entities rarely obtain injunctions.
Alternative Names:
IP Permanent Injunction|Injunctive Relief (IP)
Why it Matters?
eBay substantially reduced injunction availability for patentees who do not practice the invention, since a licensing entity's harm is compensable in royalties and damages are therefore adequate, which shifted leverage in patent litigation toward ongoing royalty determinations. Competitor plaintiffs who practice the patent retain a stronger position. Trademark cases received a partial legislative response restoring a rebuttable presumption.
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Frequently asked questions
How did eBay change patent litigation?
Did trademark law respond?
