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Many amicus briefs have been filed in eBay v. MercExchange. Patently-O has links and thumbnail descriptions.
For the most part, the briefs agree that maybe there should be a presumption in favor of injunctions, but a district court should be allowed to take equitable principles into account. As put by the Bar Association of the City of NY:
[T]he Federal Circuit has improperly circumscribed district courts' jurisdiction under [the statute], to the detriment of the patent system and the public. The award of injunctive relief in patent cases should be governed by the same legal standards as govern the award of injunctive relief in federal cases generally. However, now MercExchange and its supporters get their innings.
Argument is scheduled for Wednesday, March 29.
posted by James DeLong @ 5:10 PM | Patents
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