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Bryan J. Vogel is a trial lawyer and partner in the New York office of Robins, Kaplan, Miller & Ciresi LLP. He is a registered patent attorney with a background in chemical engineering, and helps clients in litigation and arbitration and provides legal counsel in a broad range of industries. Mr. Vogel can be reached at email@example.com. Shane St. Hill is an associate with the same firm and office. He provides legal counsel in a broad range of industries, and his practice focuses on trademark and intellectual property litigation. Mr. St. Hill can be reached at firstname.lastname@example.org.
It has been six years since the Supreme Court’s opinion in eBay Inc. v. MercExchange, LLC1 altered the analysis for awarding injunctions in patent litigation. Before eBay, patent holders who succeeded in proving liability enjoyed presumptive entitlement to injunctive relief, and that presumption had translated into many district courts categorically issuing injunctions. In fact, before reversal by the Supreme Court, the Federal Circuit articulated this “general rule” in its own eBay opinion. There, the Federal Circuit explained that “permanent injunction[s] will issue once infringement and validity have been adjudged,” and a permanent injunction should be denied only in “exceptional circumstances.”2