Past harms of competitor’s lost market share, revenues, and brand recognition support permanent injunction

I4I v. Microsoft was decided on March 9, 2010 on appeal from the Eastern District of Texas. The case involved a host of issues, but this post will only deal with the injunction. In the case, the jury found that defendant Microsoft willfully infringed the asserted claims of the patent.  After trial, …

Courts must apply the four-factor test before granting or denying a permanent injunction

eBay v. MerkExchange was decided by the Supreme Court on May 15, 2006 on appeal from the Eastern District of Virginia. Following a jury verdict of infringement, the district court denied plaintiff MerkExchange’s motion for a permanent injunction. The Federal Circuit reversed and ruled that MerkExchange was entitled to an injunction, applying …