The Supreme Court granted review today in the eBay v. MercExchange case. This case is a blockbuster, focused on the basic standards for injunctive relief, after a finding of infringement, in a patent case.
The question petitioner eBay framed is as follows: “Whether the Federal Circuit erred in setting forth a general rule in patent cases that a district court must, absent exceptional circumstances, issue a permanent injunction after a finding of infringement.”
The question the Court added itself, in today’s order granting review, is as follows: “Whether this Court should reconsider its precedents, including Continental Paper Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405 (1908), on when it is appropriate to grant an injunction against a patent infringer.”
Updates to follow.