LaFrance on Injunctive Relief for IP Infringement Post eBay v. MercExchange

Document Type

Response or Comment

Publication Date



The Supreme Courts decision in eBay v. MercExchange changed the playing field for patentees seeking permanent injunctions against infringers, rejecting the Federal Circuits longstanding position that permanent injunctions should be granted absent exceptional circumstances, and requiring instead that courts apply traditional principles of equity. This commentary, written by law professor Mary LaFrance, examines how this decision has affected the federal courts willingness to grant permanent and preliminary injunctions in patent, copyright, and trademark cases.

Publication Citation

2008 Emerging Issues 1596 (2007).

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