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Mary LaFrance on the Availability of Injunctive Relief for Intellectual Property Infringement after eBay, Inc. v. MercExchange, L.L.C., 126 S.Ct. 1837 (2006)
The Supreme Court's decision in eBay v. MercExchange changed the playing field for patentees seeking permanent injunctions against infringers, rejecting the Federal Circuit's longstanding position that permanent injunctions should be granted absent exceptional circumstances, and requiring instead that courts apply traditional principles of equity. This commentary, written by law professor Mary LaFrance, examines how this decision has affected the federal courts' willingness to grant permanent and preliminary injunctions in patent, copyright, and trademark cases.
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