How this document has been cited
He must demonstrate: "(1) that [he] has suffered an irreparable injury;(2) that remedies available at law, such as monetary damages, are inadequate to compensate for the 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 …
- in NS v. Dixon, 2021 and 2,974 similar citations
—this Court has consistently rejected invitations to replace traditional equitable considerations with a rule that an injunction automatically follows a determination that a copyright has been infringed
- in Southeast X-Ray, Inc. v. Spears, 2013 and 206 similar citations
A plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief.
- in LORILLARD TOBACCO COMPANY v. HAMDEN, INC., 2011 and 336 similar citations
—a number of courts, including this one, have been persuaded to the view that such a presumption no longer exists.
- in SYMBOL TECHNOLOGIES, INC v. JANAM TECHNOLOGIES LLC., 2010 and 33 similar citations
Defendants note in eBay, the Supreme Court abrogated the "general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances."
- in CONSTRUCTION EQUIPMENT CO. v. POWERSCREEN INTERNATIONAL DISTRIBUTION, LTD., 2009 and 136 similar citations
—holding that a categorical rule of granting an injunction to a prevailing patent holder abrogates a district court's discretion in granting equitable relief and runs afoul of traditional principles of equity
- in Therasense, Inc. v. Becton, Dickinson and Co., 2011 and 33 similar citations
But in 2006, the Supreme Court cautioned against categorical rules that would undermine the traditional four-part test for preliminary injunctions in cases involving intellectual property.
- in Trial Lawyers College v. GERRY SPENCE TRIAL, 2022 and 32 similar citations
The decision to grant or deny permanent injunctive relief is is an act of equitable discretion by the district court
- in BMO HARRIS BANK NA v. NEWTOWN ELECTRIC LLC, 2022 and 288 similar citations
Cited by
500 F. Supp. 2d 556 - Dist. Court, ED Virginia 2007
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801 F. 3d 1352 - Court of Appeals, Federal Circuit 2015
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653 F. 3d 976 - Court of Appeals, 9th Circuit 2011
607 F. 3d 68 - Court of Appeals, 2nd Circuit 2010
581 F. Supp. 2d 160 - Dist. Court, D. Massachusetts 2008
Dist. Court, CD California 2007