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Denial of a Permanent Injucation Against Patent Infringement is Not a Compulsory License

Since the Supreme Court’s decision in eBay, Inc. v. MercExchange, L.L.C., U.S. courts have changed the process by which they determine the propriety of injunctive relief against an adjudicated infringer. Before eBay, permanent injunctive relief was a standard remedy for a patentee and was awarded as a matter of course. However, in eBay the Supreme Court instructed that in determining whether injunctive relief is an appropriate remedy for patent infringement, courts must use the same four-factor test that is used in considering injunctive relief in non-patent cases. This paper examines the ways in which courts have undertaken the newly-required eBay test and the factors courts have considered in determining whether injunctive relief is appropriate.

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