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Volume 14, Issue 1 - Spring 2009
Compulsory Licensing of Nonpracticing Patentees After eBay v. MercExchange
By
Jaideep Venkatesan
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The Supreme Court’s 2006 decision in eBay Inc. v. MercExchange,
L.L.C. ended the Federal Circuit’s practice of automatically
granting permanent injunctions for patent infringement, auguring
an era of compulsory licensing for certain patentees, particularly
those who do not commercialize their patents. Denials of
permanent injunctions and compulsory licensing were rare before
eBay as most courts refused to assign a value to patents for ongoing
infringement. An ... |
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