Supreme Court’s eBay Decision on Patent Injunctions—Time for a Comeback?


David Dolkas and Rita Yoon authored this bylined article examining the law on injunctions in patent cases that involve the new causal nexus proof requirement. They wrote, “In the recent string of Apple v. Samsung cases … the Federal Circuit introduced a new ‘causal nexus’ requirement for patent injunctions,” one that was “never part of the traditional principles of equity” and not contained in the Supreme Court’s eBay v. MercExchange injunction test. As a result, the authors continued, “The Apple v. Samsung decisions may have set the stage for the Supreme Court to revisit its holding in eBay.”