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11.28.2005 (previous | next)
Patent Injunctions - Cert Granted

The Supreme Court has granted certiorari in eBay v. MercExchange. The order says:

In addition to the Question presented by the petition, the parties are directed to brief and argue the following Question: "Whether this Court should reconsider its precedents, including Continental Paper Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405 (1908), on when it is appropriate to grant an injunction against a patent infringer."
The question in the cert petition was:
Whether the Federal Circuit erred is setting forth a general rule in patent cases that a district court must, absent exceptional circumstances, issue a permanent injunction after a finding of infringement.
Patently-O has lots of links.

posted by James DeLong @ 11:08 AM | Patents

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