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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
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Traditionally, a plaintiff seeking a preliminary injunction in a trademark infringement case has been entitled to a presumption of irreparable harm if the plaintiff can prove likelihood of success on the merits. In 2006, the Supreme Court decided eBay, Inc. v. MercExchange, L.L.C. The Court there rejected a categorical rule that a patent infringement plaintiff is entitled to a permanent injunction if it proves infringement. Instead, held the Court, even a patent infringement plaintiff must show (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that Read More »
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