Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The Public Interest Inquiry For Permanent Injunctions Or Exclusion Orders: Shedding The Myopic Lens, P. Andrew Riley, Scott A. Allen
The Public Interest Inquiry For Permanent Injunctions Or Exclusion Orders: Shedding The Myopic Lens, P. Andrew Riley, Scott A. Allen
Vanderbilt Journal of Entertainment & Technology Law
President Obama's 2013 veto of a US International Trade Commission (ITC) exclusion order, issued to address Apple Inc.'s infringement of a patent owned by Samsung, thrust the ITC's public interest inquiry into the spotlight. Historically, however, these factors rarely weighed against a remedy at the ITC. Likewise, US district courts have rarely declined to issue a permanent injunction after finding a patent valid and infringed due solely to the public interest factor--the last of the four factors that the Supreme Court put in place in eBay Inc. v. Merc Exchange, L.L.C. More recent decisions addressing the public interest in both …