Before the Supreme Court's decision in eBay, Inc. v. MercExchange, L.L.C., the Federal Circuit's "general rule" held sway: after a finding of patent infringement, trial courts were expected to issue permanent injunctions to halt any continuing infringement "absent exceptional circumstances." That general rule was intended to protect a patentee's right to exclude others from making, using, selling, or offering to sell the invention during the monopoly period enjoyed by the patentee. The Supreme Court in eBay rejected the Federal Circuit's general rule, placing the determination of whether and on what terms, if any, to grant a permanent injunction in the equitable discretion of federal trial court judges.
Engelken, Sheri J.
"Opening the Door to Efficient Infringement: eBay, Inc. v. MercExchange, L.L.C.,"
Akron Intellectual Property Journal: Vol. 2
, Article 3.
Available at: https://ideaexchange.uakron.edu/akronintellectualproperty/vol2/iss1/3