United StatesThe new world of post-verdict damages: the evolution of the patentee’s right to exclude

In eBay v MercExchange, LLC (547 US 388 (2006)) the Supreme Court changed the landscape of available remedies awarded in patent infringement cases by overturning the longstanding rule – endorsed by the Federal Circuit – of routinely issuing permanent injunctions following a finding of patent infringement. Prevailing patentees must now also establish entitlement to an injunction; otherwise, no injunctions will be entered as part of a final judgment.

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