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Expert Analysis

Fed. Circ. Should Clarify Irreparable Harm In Patent Cases

Law360, New York ( December 2, 2013, 1:23 PM EST) -- ​As in other cases, to obtain an injunction in a patent case, the plaintiff is required to demonstrate, among other things, an irreparable injury — or, in the case of a preliminary injunction, a likelihood of irreparable harm — absent an injunction.[1] Nevertheless, until 2006, when the U.S. Supreme Court overturned the Federal Circuit in eBay v. MercExchange, injunctions were the "general rule" in patent cases once infringement had been established.[2] Left open by eBay was whether "irreparable harm" might mean something different in patent cases. Lower courts have struggled to fill that vacuum....

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