Less Dangerous Patents: A Framework for Relief

Abstract

Abstract This chapter begins by describing the problems posed by courts automatically granting injunctive relief in patent infringement cases. It discusses nonpracticing entities (often referred to as “trolls”). It summarizes the Supreme Court's decision in eBay v. MercExchange and examines the post-eBay landscape, synthesizing the cases and offering a framework that provides guidance to courts in determining the form of relief in patent infringement cases. The framework considers factors such as competition between the patentee and the infringer, the relationship between the patented technology and the defendant's product causing a willful infringement of the patent, and the effect of injunctive relief on the public.