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Message: RE: PTSC and EBAY supreme court ruling?

RE: PTSC and EBAY supreme court ruling?

posted on Jun 07, 2006 08:06AM
This has been discussed before, and because no substitute exists, an injunction most likely would not happen. See four factor test below. Being that our patents are used in such a variety of technologies across all markets, think about the negative consequences to the ``public interest`` (see #4) if an injunction were imposed. JMHO. GLTA

``The Supreme Court found this rule went too far in favoring patentees: ``According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief. A plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. … These familiar principles apply with equal force to disputes arising under the Patent Act.``

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