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United States Leading Case patents

eBay Inc v MercExchange LLC

547 U.S. 388 (2006)
JurisdictionUnited States
CourtUS Supreme Court
Year2006
StatusBinding authority

Summary

Courts must apply the traditional four-factor test for permanent injunctions in patent cases; no automatic presumption of irreparable harm arises from infringement.

Key Principle

four-factor test for permanent injunction; no presumption of irreparable harm in patent cases

Area of Law

Injunctive Relief

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Freezing injunctions are a free-standing equitable remedy available in support of enforcement, not limited to pending or existing proceedings.

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Mareva injunction principles, including worldwide freezing orders, applied in the context of HK liquidation proceedings.

Brink's Mat Ltd v Elcombe [1988] 1 WLR 1350

Applicants for without-notice injunctions owe a duty of full and frank disclosure of all material facts, breach of which may lead to discharge of the order.

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