Preliminary Relief in Patent Infringement Disputes
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Preliminary relief can play a critical role in facilitating resolution of a patent infringement dispute. The Supreme Court's decision in eBay Inc. v. MercExchange, LLC, which dealt with permanent injunctions in patent cases, significantly changed the legal landscape in the area of preliminary relief in the minds of many judges. Preliminary Relief in Patent Infringement Disputes addresses the issues that are most important in seeking preliminary injunctive relief in a patent case and provides a pertinent review of how such injunction requests have been treated by the Federal Circuit and district courts since the important eBay decision.
The book begins with an overview of how preliminary relief is addressed in patent cases. Topics include legal and business considerations in seeking preliminary relief, the types of preliminary relief, pre- and post-filing considerations, and the likelihood of success on the merits. Other factors, such as irreparable harm, balance of hardships, and public interest, are also addressed in this introductory chapter.
The balance of the book examines the Federal Circuit Court cases and 112 selected district court cases to show how preliminary injuction requests have been treated since the Supreme Court's 2006 eBay decision. The book identifies the judges in the Federal Circuit and district court cases. Tables identifying the Federal Circuit and the district court cases in chronological order are also provided.
Table of Contents
Part 1: Introduction
Introduction to Preliminary Relief, Considerations and Factors
I. Should You Seek Preliminary Relief?
II. What Type of Preliminary Relief Should You Seek?
III. Pre-filing Considerations
IV. Likelihood of Success on the Merits
V. Other Factors
VI. Post-filing Considerations
Part II: Federal Circuit Cases
Part III: Selected District Court Cases
Chronological Order of Federal Circuit Cases
Chronological Order of Circuit Cases