Recent Decisions In The United States.
Mondaq Business Briefing › Nbr. 2007, January 2007
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Recent Decisions In The United States.
Originally published in Les Nouvelles, September 2006
District Court Refuses To Grant A Permanent Injunction To A Patent Owner Historically, it has been presumed that when a defendant has been found to infringe a patent, the patent owner would be entitled to a permanent injunction preventing the defendant from further infringement. This was in contrast to the traditional test for injunctions in other types of general civil litigation, which requires a case-by-case analysis of four factors to determine whether this equitable remedy should be awarded. Earlier this year, in eBay Inc. v. MercExchange, LLC, No. 05-130 (2006), the U.S. Supreme Court rejected the long-held belief that a patentee is always entitled to a permanent injunction and ruled that the traditional test for injunctions applicable to other cases should also be applied in patent infringement cases. In one of the first district court opinions issued since that ruling, the district court for the Eastern District of Texas in z4 Techno...See the full content of this document
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