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eBay decision changes balance of power in patent disputes

Editor's note: This is the final installment of a series on patent law written by attorneys from the Madison office of Whyte Hirschboeck Dudek. The first two parts, written by attorney Gina Carter, pertained to preventing intellectual property infringement within organizations. The following commentary, written by attorneys Joe Goode and Jonathan Fritz, addre......

Full article >>> litigation. Would-be plaintiffs and defendants must be prepared for the uncertainty that stems from eBay. Whatever the fallout, one thing is for certain: without a presumption favoring permanent injunctions, the bargaining table balance has shifted.

Patent Act

Tracing its roots back to the U.S. Constitution, the Patent Ac......

Full article >>> t would not be disserved by a permanent injunction.

In his concurring opinion from eBay, Chief Justice John Roberts spoke to the importance of granting permanent injunctions. He concluded that the first two factors of the test are the ones most often implicated in patent suits, considering the exclusionar......

Full article >>> clude recognized in a patent as being the essence of the property right. While the Federal Circuit claimed that exceptional circumstances (such as a public health need for the infringing product) could serve to defeat a request for a permanent injunction, it specifically found that a general concern over the validity of business method patents - eBay's assertion - was not the important public need......

Full article >>> to as patent trolls, are now in a precarious position where monetary damages may in fact be adequate considering the lack of commercialization and licensing business model.

On the other hand, direct competitors may in fact be more likely to pay a greater premium for patent licenses, considering the stronger likelihood that the application of the four-factor test is more likely to result......

Full article >>> er: Intellectual Property: Are you an infringer?

Gina Carter: IP infringement - avoiding liability for officers & directors

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