Message: Dischino
To meet the requirements for a permanent injunction, a plaintiff must show:
(1) that it has suffered an irreparable injury;
(2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury;
(3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and(4) that the public interest would not be disserved by a permanent injunction.124
The Court’s holding in eBay, Inc. v. MercExchange, L.L.C. does not specify how exactly the equitable factors should be applied. Other are as of law have established that no one factor is to be considered dispositive in any case but rather, each factor must be independently measured and
weighed against the others.125 This new view directly contradicts the Federal Circuit’s automatic injunction rule that presumes irreparable harm where infringement and patent validity are clearly proven.126
(1) that it has suffered an irreparable injury;
(2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury;
(3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and(4) that the public interest would not be disserved by a permanent injunction.124
The Court’s holding in eBay, Inc. v. MercExchange, L.L.C. does not specify how exactly the equitable factors should be applied. Other are as of law have established that no one factor is to be considered dispositive in any case but rather, each factor must be independently measured and
weighed against the others.125 This new view directly contradicts the Federal Circuit’s automatic injunction rule that presumes irreparable harm where infringement and patent validity are clearly proven.126
From Cornell Law School - Robin Davis
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