The document summarizes the impact of the US Supreme Court's 2006 eBay v. MercExchange decision on the availability of permanent injunctions for patent infringement. It discusses how the decision established a four-factor test for injunctions and eliminated the presumption of irreparable harm for patent holders. It then summarizes several post-eBay cases where courts denied permanent injunctions and instead imposed ongoing royalty rates. The key impacts are that non-practicing entities and owners of small components face high hurdles to injunctions, while direct competitors can still potentially receive injunctions. Questions remain regarding ongoing royalty rates and treatment of willful infringement.

1. Patent Injunctions Two Years After eBay Massachusetts Continuing Legal Education 2008 Intellectual Property Conference June 18 2008 Lee Gesmer Gesmer Updegrove LLP