[20060502]RS22435_专利案件中禁令救济的可用性：eBayInc.诉MercExchangeL.L.C.pdf

Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22435May 2, 2006Availability of Injunctive Relief in Patent Cases: eBay, Inc. v. MercExchange, L.L.C.Brian T. YehLegislative AttorneyAmerican Law DivisionSummaryThe most significant legal right that patent law confers on the patent holder is “theright to exclude others” from making, using, or selling the patented invention.Injunctive relief is the usual remedy that courts authorize to prevent violation of thispatent right. However, as the recent BlackBerry patent infringement litigationdemonstrated, the desirability of an injunction in patent cases could be questioned incertain circumstances, such as when an injunctions disruptive effects to the public mayoutweigh the interest in enforcing the intellectual property rights of the patent holder.In another closely watched case concerning injunctive relief for patentinfringement, eBay was accused of patent infringement for its websites “Buy It Now”fixed-price purchase feature. Although a jury found eBay liable for willful infringement,the district court refused to issue a permanent injunction order against eBay because