Authored by: Charles Wizenfeld , Michael S. DeVincenzo and Andrea Pacelli
For nearly two decades, permanent injunctions in patent cases have been governed by the U.S. Supreme Court’s decision in eBay Inc. v. MercExchange LLC, 547 U.S. 388 (2006), which rejected any categorical entitlement to injunctive relief and required courts to apply traditional equitable principles. In the years following eBay, many commentators and practitioners perceived a steady tightening of the path to injunctions, particularly for patentees that license their technology or do not directly compete with accused infringers.