The Supreme Court's decision in eBay Inc. v. MercExchange drastically changed the bargaining landscape for patent owners and accused infringers. Gone is the default threat of an injunction, at least for disputes that are limited to district court enforcement. Some expect the impact of eBay to usher patent owners to the U.S. International Trade Commission (ITC) in situations where jurisdiction can be met, because the ITC escapes eBay's mandate. But injunctive relief in the ITC is not foolproof. Both patent owners and accused infringers need to know the pitfalls that loom in the ITC's injunctive procedures.
Rabena, John F. and Choate, Kim E.
"Injunctive Relief in the ITC Post eBay,"
Akron Intellectual Property Journal: Vol. 1
, Article 2.
Available at: https://ideaexchange.uakron.edu/akronintellectualproperty/vol1/iss1/2