Federal Circuit to Judge Posner: eBay Analysis Is a Must


Paul Devinsky was author of this bylined article about the Federal Circuit’s Apple v. Motorola decision, where the court affirmed district court Judge Richard Posner’s decision that a fair, reasonable, and non-discriminatory (FRAND) patent was barred from seeking injunctive relief, but insisted on an analysis reflecting the eBay case for such a finding. “eBay remains the test for injunctive relief, and any request for an injunction must include an eBay analysis, even for Frand-encumbered” patents, Mr. Devinsky concluded.