Prospective Relief for Patent Infringement in a Post-eBay World
Simpson Thacher intellectual property litigation partners George M. Newcombe, Jeffrey E. Ostrow, and Patrick E. King, together with associate Gabriel N. Rubin, published an article in the Spring 2008 edition of the NYU Journal of Law & Business. The article examines the recent U.S. Supreme Court decision, eBay v. MercExchange, which rejected the "general rule" that injunctive relief is the proper remedy for future infringement in the context of patent litigation and endorsed the traditional four-factor equitable test. The article focuses on how lower courts have responded to the landmark ruling.