Global IP & Technology Law
Patent infringement litigation update: eBay’s abolition of the presumption of irreparable harm for permanent injunctions applies to preliminary injunctions
Background Until 2006, district courts routinely granted permanent injunctions, along with damages, to prevailing patent owners after trial on the grounds that irreparable harm was presumed. The Supreme Court’s decision in eBay v. MercExchange, L.L.C., 547 U.S. 388, 393–94 (2006), represented a sea-change in patent infringement litigation. The decision abolished the presumption of irreparable harm...... Continue Reading
August 2026
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