Tag Archives: patent owners

Intellectual Property Alert: The International Trade Commission

After the U.S. Supreme Court announced its decision in 2006 in eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (2006), patent owners no longer automatically received permanent injunctive relief against infringers, but rather, had to establish a right to that relief through the traditional test for injunctive relief.

Many viewed this requirement as striking a blow against non-practicing entities (NPEs), or so-called “patent trolls.” NPEs frequently filed lawsuits against their target corporations and, to incent early settlements, the NPE plaintiffs relied on the threat of permanent injunctions that would severely restrict the target companies’ abilities to carry on their businesses. After eBay, there was a belief that the threat of a permanent injunction – particularly one issued at the request of an NPE (who, by definition, was not practicing its patents) – was significantly diminished. 

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