Injunctive Relief Post eBay and the Various Applications of the Four-Factor Test in Differing Technological Industries

by  Engey Elrefaie –

In the 2006 opinion for eBay v. MercExchange the Supreme Court struck down the Federal Circuit’s blanket rule of granting injunctions for patent infringement. Outlining a four-factored test, the Court declared that injunctive relief should be determined based on “principles of equity.” This note discusses the implications of this decision on the biotechnology and software industries, and how lower courts have applied this test to reach varying results.

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