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US
- Grant of Injunctions in Patent Cases
When the
US District Court decided the case - eBay Inc et al vs MercExchange
- it awarded monetary damages to MercExchange but not
an injunction, contrary to normal practice.
However, the Federal Circuit overturned the decision, granting
an injunction which was frozen pending the outcome of the Supreme
Court decision.
eBay has
asserted that the US Court of Appeals for the Federal Circuit was
wrong to have interpreted the law suggesting that there is a general
rule that courts should grant patent owners an injunction against
infringers. It further challenges the Federal Circuit's general
practice of issuing injunctions, on the grounds that it puts def3endants
at a disadvantage. The US Supreme Court is taking the case
a step further, potentially questioning the use of injunctions in
all US patent cases, in light of the dispute between patent licensing
company NTP and BlackBerry which is expected to bring more clarity
for granting of injunctions in patent cases.
For any
queries relating to our services and costs, please feel free to
contact us at info@iprfirm.com.
IPR
FIRM.COM - Online IPR Law Firm, India – Trade Marks, Copyright Registration,
Delhi, India
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