 Patent Law Weblog By Kevin E. Noonan -- Almost two decades ago, the Supreme Court handed down what has turned out to be one of its most significant patent decisions of this century: eBay v. MercExchange. The eBay case has had the effect of precluding prevailing patentees from being able to expect or rely upon obtaining an injunction against an adjudged infringer. And it has led to the era of "efficient infringement," creating circumstances where it makes economic sense to infringe and pay the price (in patentee lost profits) for doing so rather than obtaining a license. One of the most significant targets...
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