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INTELLECTUAL PROPERTY LAW: Is It Time to Rethink eBay and the Problem of Patent Trolls?

Joseph A. Saltiel

May 2016 marked the tenth anniversary of the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), where the Court reversed the long-standing rule that patentees were entitled to a permanent injunction as a matter of right. Now a patentee must demonstrate that it meets the traditional four-part test applied by courts of equity to get a permanent injunction. Hence, after eBay, it became more difficult for patentees to get a permanent injunction, and if the patentee is a non-practicing entity, it is unlikely to get one.

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