eBay v. MercExchange: To enjoin or not to enjoin?

CHAL 39

Ping F. Hwung, hwung@fr.com, Fish and Richardson, PC, 500 Arguello Street, Suite 500, Redwood City, CA 94063
The eBay case addresses the question of whether a patentee must be practicing the claimed invention in order to obtain an injunction against an accused infringer. The Federal Circuit had answered this question in the negative. I will review the Supreme Court's Opinion and discuss its ramifications for patentees in the chemical arts and life sciences.