When the U.S. Supreme Court in May 2006 issued its long-awaited ruling in eBay v. MercExchange, patent practitioners promptly sought to assess its impact – particularly on the ability to obtain an injunction in a patent infringement case. Now, after several district courts have applied the new eBay standard to jury findings of infringement, the early verdict is in. Writing for The National Law Journal, James E. Hopenfeld of the Fish & Neave IP Group of Ropes & Gray surveyed the patent landscape and found that in the wake of eBay, it is generally more difficult to obtain an injunction after a jury finds infringement. Please click "Download PDF" to read the December 2006 article.
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