Injunctions

Question 1

To obtain a permanent injunction, plaintiff must show :

4 things

Answer 1

(a) the plaintiff has suffered an irreparable injury;
(b) monetary damages are inadequate to compensate for that injury;
(c) the balance of hardships favors the plaintiff; and
(d) the public interest would not be disserved by a permanent injunction

Question 2

To obtain a preliminary injunction, plaintiff must show

5 things

Answer 2

(a) the plaintiff is likely to suffer an irreparable injury;
(b) monetary damages will be inadequate to compensate for that injury;
(c) the balance of hardships favors the plaintiff;
(d) the public interest would not be disserved by an injunction; and
(e) likelihood of success on the merits

Question 3

How is injunctions doctrine related to the concept of compulsory licensing?

Answer 3

When courts deny injunctive relief in favor of a damages remedy, they are effectively creating a compulsory licensing regime.

Question 4

What is the consequence of the eBay case wrt injunctive relief?

Answer 4

much harder to get an injunction; sharp increase in # of judicially created compulsory licenses

Question 5

According to Kennedy’s opinion in eBay (not the majority), what are three circumstances in which courts should be especially reluctant to issue an injunction?

Answer 5

1. the plaintiff is a patent troll (a “non-practicing entity”)
2. a patent covers one component of a complex product, such that an injunction would give the patentee disproportionate bargaining power
3. patent pertains to a method of doing business

Question 6

Does the eBay test in patent law apply in copyright?

Answer 6

Salinger/Perfect 10: permanent and preliminary injunctions would be