Tuesday, September 22, 2009

Rule of law

In this particular case, the District Court wanted to deny permanent injunctive relief to MercExchange. It was brought up in court that the Patent Act disputed that “A major departure from the long tradition of equity practice should not be lightly implied.” (Weinberger v. Romero-Barcelo, 456 U. S. 305, 320). Also, the Federal Circuit applied its “general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances.” 401 F. 3d 1323, 1339. That led to the four-factor test that is normally applied by courts of equity when the consideration of awarding permanent injunction relief to a plaintiff arises.

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