Intellectual Property Law

In only the most recent example of the wide-reaching impact of the Supreme Court?s 2006 decision in eBay Inc. v. MercExchange, LLC, the Federal Circuit last week applied eBay to vacate and remand a grant of permanent injunction.

Although it affirmed the district court's findings of infringement and willfulness, in Acumed LLC v. Stryker Corp. (Fed. Cir. April 12, 2007), the Federal Circuit remanded a grant of permanent injunction for reconsideration in light of four factor test enunciated in the Supreme Court's eBay decision. The district court had applied the "general rule" in existence prior to eBay that injunctions would issue following a finding of infringement, which the Supreme Court subsequently struck down in eBay.

Notably, the Federal Circuit rejected Acumed's contention that the facts found by the district court could serve as independent support for the injunction. The court stated that "[i]f we were to weigh the evidence ourselves to reach a conclusion on injunctive relief, we would effectively be exercising our own discretion as if we were the first-line court of equity. That role belongs exclusively to the district court." The Federal Circuit therefore vacated the permanent injunction and remanded for the district court to reconsider the issue in light of eBay.

Today's Blogger: Jeff Fisher