The Erosion of the Presumption of Irreparable Harm in IP Litigation

Eight years after the Supreme Court’s decision in eBay Inc. v. MercExchange LLC,1 the lower federal courts are still grappling with the applicability of the presumption of irreparable harm for granting injunctive relief in IP cases. Traditionally, courts awarded injunctive relief to a successful patentee in patent infringement cases based on a presumption of irreparable...click to read full article