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Will The “Nexus” Requirement Of Apple V. Samsung Preclude Injunctive Relief In The Majority Of Patent Cases?: Echoes Of The Entire Market Value Rule, Daniel Harris Brean
Will The “Nexus” Requirement Of Apple V. Samsung Preclude Injunctive Relief In The Majority Of Patent Cases?: Echoes Of The Entire Market Value Rule, Daniel Harris Brean
Daniel Harris Brean
In eBay, Inc. v. MercExchange, LLC, the Supreme Court put an end to the practice of presuming that injunctive relief is appropriate upon a finding of patent infringement, where it held that "the decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards." 547 U.S. 388, 394 (2006). This decision made injunctive relief much more difficult to obtain, but also attempted to maintain discretion and avoid rigid …