U.S. Supreme Court Creates New Hurdles for Patent Holders Seeking to Enjoin Their Competition

Lawyers USAJuly 31, 2006

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Summary


The U.S. Supreme Court created new hurdles for patent holders seeking to enjoin their competition in a closely watched decision released late last month.

In a unanimous opinion authored by Justice Clarence Thomas, the Court said patent holders must be treated the same way as every other plaintiff seeking injunctive relief. Instead of automatically issuing an injunction, trial courts should apply the traditional four-factor test used by courts of equity.

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U.S. Supreme Court Creates New Hurdles for Patent Holders Seeking to Enjoin Their Competition

Boston attorney Tony Fitzpatrick, a patent litigator and co- chair of the Intellectual Property group at Duane Morris, said the decision was one of the most important IP cases in half a century.

The decision is couched as essentially clarifying the law, or telling lower courts that they perhaps were not applying the correct law, but in practical effect t...

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