29 Jan
2008

Analysing the impact of the Supreme Court’s eBay decision

It has been more than a year since the Supreme Courtissued its opinion in MercExchange v eBay. In thatopinion, the court overturned the Federal Circuit’s rulingthat once infringement is found in a patent case, thegeneral rule is “that courts will issue permanentinjunctions against patent infringement absentexceptional circumstances”.