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The State of the Granting of Injunctions In the Medical Field After eBay v. MercExchange
Theodore Naccarella, a partner in the Intellectual Property & Technology Practice Group, published this article discussing the changes in the law regarding the granting of permanent and preliminary injunctions in patent cases following the 2006 Supreme Court decision in eBay Inc. v. MercExchange, L.L.C. In this case the Supreme Court ruled that successful patent plaintiffs were not automatically entitled to an injunction, and rather a winning patent holder must establish entitlement to an injunction via the traditional four-part inquiry. Mr. Naccarella concludes that if a patentee wishes to obtain a preliminary injunction, it should be prepared to present a compelling case, both on the likelihood of success on the merits and irreparable harm. And, for permanent injunctions, infringers would be well advised to present any rational public interest weighing against an injunction and hope for the best.