Document Type
Article
Publication Date
2017
Abstract
This article presents the first comprehensive empirical study of permanent injunction decisions by the Federal Circuit following the Supreme Court's 2006 decision in eBay Inc. v. MercExchange. Analyzing nearly 200 patent cases over a 7½-year period, the study assesses the impact of the Federal Circuit on the availability of permanent injunctions. The findings indicate that the Federal Circuit is generally more favorable to prevailing patentees regarding injunctive relief than district courts. Specifically, district courts that grant an injunction after a finding of liability are highly likely to be affirmed on appeal, whereas those that deny an injunction have a statistically significant lower affirmance rate. This suggests the Federal Circuit leans toward a property rule rather than a liability rule as a remedy against future patent infringement, supporting claims that the Federal Circuit is more pro-patentee than generalist district courts.
Publication Title
Washington Law Review
Volume
92
First Page
145
Recommended Citation
Holte, Ryan T. and Seaman, Christopher B., "Patent Injunctions on Appeal: An Empirical Study of the Federal Circuit's Application of eBay" (2017). Akron Law Faculty Publications. 412.
https://ideaexchange.uakron.edu/ua_law_publications/412