In eBay v. MercExchange, the Supreme Court held the Federal Circuit could no longer utilize their long-standing “general rule” that an injunction should follow the finding of patent infringement. The Supreme Court held that courts should utilize a set of rules known as the four-factor test, which utilizes traditional principals of equity. Concurrently, Congress has been debating patent reform with one of the topics being the use of injunctive relief as a remedy for patent infringement. These two changes could potentially have a significant effect on the technological and economic landscape of patents in the future. It now may be more difficult for these patent holders to get injunctive relief or more importantly, to threaten an injunction against alleged patent infringers. The goal of this proposal is to protect the legitimate inventors and patent holders, large or small, from big companies’ abuse of patented technology while also protecting those same big companies against the Patent Trolls. The two-fold proposal presented meets both needs while furthering innovation, and thus, it also serves the fundamental goals of the patent system.
Matthew J. May, Patent Reform, Injunctions, and Equitable Principles: A Triangle of Changes for the Future, 6 J. Marshall Rev. Intell. Prop. L. 671 (2007)