" The Supreme Court ruled today that automatic injunctions are not appropriate for patent lawsuits. Rather, injunctions must be granted only when four tests already used for more general injunctions are used. Each test favors patentholders actively engaged in producing products or operating services that involve the patent. An injunction prevents a party from doing something; in this case, eBay would have been preventing from using its Buy It Now service while litigation was underway."

Perhaps our strategy should be to first show how infringement damaged our ability to even enter a market. How we were excluded by collusion of the whole industry to enter the market. This fact alone should work extremely well in our favor. Our case is unique due to the volume and expanse of infringement.

GLTAL's