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Richard Raysman, a partner at Thelen Reid Brown Raysman & Steiner, and Peter Brown, a partner at Baker & Hostetler, write that the availability of preliminary injunctive relief in patent cases is an area that continues to witness remarkably dynamic development, in light of the Supreme Court's notable decision in eBay v. MercExchange . There, the Court held that traditional principles of equity generally applied in determining whether it is appropriate to issue a permanent injunction in a patent case. Since that decision, litigants have argued, and a number of courts have agreed, that while it applied to permanent injunctions specifically, the court did not limit its holding to that context and that the Court's reasoning likely applies when assessing requests for preliminary injunctions in patent infringement cases.
July 08, 2008 at 12:00 AM
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