05-130 eBay, Inc., v. MercExchange, L.L.C.

By: dmc-admin//May 22, 2006//

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“That test requires a plaintiff to demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law are inadequate to compensate for that injury; (3) that considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. The decision to grant or deny such reliefis an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion. These principles apply with equal force to Patent Act disputes. ‘A major departure from the long tradition of equity practice should not be lightly implied.’ Weinberger v. Romero-Barcelo, 456 U. S. 305, 320. Nothing in the Act indicates such a departure.”

401 F. 3d 1323, vacated and remanded.

Thomas, J.; Roberts, J., concurring; Kennedy, J., concurring.

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