Supreme Court Clarifies Application of the Four-Factor Test When Considering Permanent Injunctive Relief in Patent Cases

May 19, 2006

On May 15, 2006, in the closely watched Ebay Inc. v. MercExchange, L.L.C. case, the Supreme Court clarified the rules of equity as they apply to requests for permanent injunctive relief in patent-based claims.  In its decision, the Supreme Court noted that both the district court and the U.S. Court of Appeals for the Federal Circuit misapplied the traditional four-factor test that governs the award of injunctive relief.  The case was remanded to the district court where proceedings will be conducted to determine whether Ebay should be enjoined from using certain features of its popular online auction website.

If you would like additional details regarding this case, please contact your regular Sonnenschein attorney.

Click here to read the e-Alert.


These materials should not be considered as, or as a substitute for, legal advice and they are not intended to nor do they create an attorney-client relationship. Because the materials included here are general, they may not apply to your individual legal or factual circumstances. You should not take (or refrain from taking) any action based on the information you obtain from this document without first obtaining professional counsel and you should not send us confidential information without first speaking to one of our attorneys and receiving explicit authorization to do so.

<< Back