Posts Tagged: permanent injunctions


No permanent injunction threat leads to refusal to deal with patent owners

Simply stated, Lemley is wrong and his suggestion that eBay v. MercExhange is at all positive, let alone the best development, strikes me as utterly ridiculous. The …
3 months ago 32

Patent Erosion 2013: What Would the Founding Fathers Think?

As the end of 2013 approaches and I look back on what has transpired I am saddened to see that through the year patent rights have continued to …
2 years ago 26

Patent Litigation: How to Practice Post-TiVo

In TiVo v. Echostar, Echostar lost on infringement of TiVo’s patented DVR functionality. Judge Folsom issued an injunction and ordered that Echostar stop offering the service …
2 years ago 1

Post-eBay Economic Standards for Assessing Irreparable Harm

One of the factors considers the presence of irreparable injury, which is harm not quantifiable or remediable as money damages. For the factor to be satisfied - …
3 years ago 0

Business Method Patents and the Equitable Standard for Granting Permanent Injunctions: The eBay Case*

The concurring opinion of Justice Kennedy is even more unfortunate. Like Chief Justice Roberts, while agreeing with Justice Thomas’ holding that the traditional “four-factor” test applied to …
3 years ago 4

CAFC Sanity on Permanent Injunctions. A Twisted Sister Moment?

the United States Court of Appeals for the Federal Circuit determined that the United States Federal District Court for the Southern District of California abused its discretion …
3 years ago 8

No Permanent Injunction for Apple in Samsung Patent Battle

Yesterday, the Judge Koh of the United States District Court for the Federal Circuit denied Apple's request for a permanent injunction in their ongoing patent war over …
3 years ago 12

Chief Judge Rader Takes on Lobbying White House and SCOTUS

The discussion was lively, perhaps even explosive. You could nearly see sparks fly when Chief Judge Rader continued to pepper Seth Waxman with question after question about …
4 years ago 8

Patent Litigation: Davids Seeking Many Millions from Goliaths

Overall there will be few large paydays for small and mid-size companies against the Fortune 1000, and fewer still for those who do not engage an appropriate strategy …
4 years ago 14

Happy 5th Anniversary: The Impact of eBay v. MercExchange

Since the Supreme Court's decision in eBay v. MercExchange there have been 131 cases where a permanent injunction has issued and 43 cases where a permanent injunction has been …
4 years ago 6

A Patent Legislative Agenda, What Congress Should Do in 2011

Realistically, I understand full well that it is unlikely that Congress will bother themselves with reform efforts that are sensible, at least at the moment. It is …
5 years ago 74