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Re: jist1 post# 389676

Thursday, 08/28/2014 11:08:00 AM

Thursday, August 28, 2014 11:08:00 AM

Post# of 432595
jist: There is nothing new about not granting an injunction to a patent holder if they do not suffer irreparable harm. It has been the rule of law as set out by the Supreme Court in their famous EBay decision eight years ago.


From the article you referred to

"Apple has not demonstrated that it will suffer irreparable harm to its reputation or goodwill as an innovator without an injunction," Koh wrote.

From the EBay decision:


According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief. A plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, 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.

https://supreme.justia.com/cases/federal/us/547/05-130/opinion.html
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