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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