The Case eBay Inc. v. MercExchange LLC, Its Impact on NPE’s and Patent Enforcement

The Case eBay Inc. v. MercExchange LLC, Its Impact on NPE’s and Patent Enforcement
Severin de Wit

ISBN 978-90-411-3343-4
Kluwer Law International BV, The Netherlands

Undoubtedly one of the most important cases adjudicated by the U.S. Supreme Court of the last 10 years is the 2006 eBay v. MercExchange case. Not only did it dramatically reshape the U.S. patent landscape; its consequences were felt just as strongly outside the U.S. The case dealt with an important question of patent enforcement, namely, whether patent owners in patent-infringement cases should be entitled, virtually ‘‘automatically,’’ to an injunction once the patent is being held valid and infringed? Or should judges have discretion to decide what remedies fit the infringement, taking into account both the harm caused and the larger public interest?