A district court must apply the traditional four-factor equitable test to determine whether to grant a permanent injunction in a patent infringement dispute.
A patent owner sued for infringement, and the district court denied a permanent injunction while the court of appeals reversed by applying a general rule that injunctions should issue absent exceptional circumstances. The Supreme Court addresses whether the traditional four-factor test for equitable relief applies to patent disputes. The Court holds that the decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court and must be decided using the traditional four-factor test, which requires demonstrating irreparable injury, inadequate legal remedies, a balance of hardships, and the public interest. The Court concludes that the Patent Act does not mandate a departure from these established equitable principles.
At page 391 Requirements for granting permanent injunctive relief972 citing cases“remedies available at law, such as monetary damages, are inadequate to compensate”
- Atl. Specialty Ins. Co. v. Brian Peachey, No. 2:25-cv-00606 (M.D. Fla. Oct. 14, 2025).(According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief.)
- United States v. Salazar, No. 1:23-cv-01282, 2024 WL 3858714 (E.D. Cal. Aug. 19, 2024).(The decision to 23 grant or deny permanent injunctive relief is an act of equitable discretion by the district court, 24 reviewable on appeal for abuse of discretion.)
- Ramsey v. Sheet Pile LLC, No. 1:21-cv-00331 (W.D. Tex. Dec. 12, 2023).(The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion.)
- Get Bak'd OKC v. Releaf Labs, 2023 OK CIV APP 45.published ([A] plaintiff seeking a permanent injunction . . . must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that i…)
- BMO Harris Bank N.A. v. Newtown Elec. LLC, No. 3:22-cv-00651 (D. Conn. Dec. 16, 2022).(The decision to grant or deny permanent injunctive relief is is an act of equitable discretion by the district court[.])
- Allergy Rsch. Grp. v. Juliantoro, No. 2:21-cv-00380 (D. Utah Sept. 13, 2022). (The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court . . . .)
- Sw. Fair Hous. Council v. WG Scottsdale LLC, No. 4:19-cv-00180, 2022 WL 16715613 (D. Ariz. Aug. 31, 2022).(The decision to grant or deny 16 permanent injunctive relief is an act of equitable discretion by the district court, 17 reviewable on appeal for abuse of discretion.)
- Ass'n of Am. Publishers v. Frosh, 607 F. Supp. 3d 614 (D. Md. 2022).published (The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court.)
- Whitserve, LLC v. Comput. Packages, Inc., 694 F.3d 10 (Fed. Cir. 2012).published (The decision to grant or deny permanent injunctive relief is an act of equitable discre- tion by the district court, reviewable on appeal for abuse of discretion.)
- Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 518 F. Supp. 2d 1197 (C.D. Cal. 2007).published ([A] major departure from the long tradition of equity practice should not be lightly implied)
Show 206 more citing cases
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- Acumed LLC v. Stryker Corp., 483 F.3d 800 (Fed. Cir. 2007).published (The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion.)
- Abbott Labs. v. Andrx Pharm., Inc., 452 F.3d 1331 (Fed. Cir. 2006).published (According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief.... These familiar principles apply with equal force t…)
- KETONEAID, INC. v. SUSPEND AGING L.L.C., No. 3:25-cv-01234 (D.P.R. Nov. 13, 2025).See eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 , 391 (2006). 1.
- Tools Aviation, LLC v. Digit. Pavilion Elec. LLC, 797 F. Supp. 3d 222 (E.D.N.Y. 2025).published A plaintiff seeking a permanent injunction must demonstrate: “(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering…
- Canadian Silica Indus., Inc. v. Sand Prods. Corp., No. 1:20-cv-01229 (W.D. Mich. Jan. 12, 2023).(The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion.)
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- Kramer, No. 1:25-cv-00797 (N.D. Ohio Nov. 19, 2025).
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- Aylo Premium Ltd v. John Does 1–20, No. 3:25-cv-05473 (W.D. Wash. Dec. 18, 2025).
- Union Pac. R.R. Co. v. Illinois Mine Subsidence Ins. Fund, No. 3:20-cv-03281 (C.D. Ill. Dec. 22, 2025).
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- Rofeer-US, No. 3:20-cv-07414 (N.D. Cal. Dec. 30, 2025).
- Am. Academy of Pediatrics v. U.S. Dep't of Health & Human Servs., No. 2025-4505 (D.D.C. Jan. 11, 2026).published
- Great Bowery Inc. v. Vivid Beauty, No. 1:25-cv-01772 (D. Colo. Jan. 12, 2026).
- Repub. Nat'l Comm. v. Google Inc., No. 24-5358 (9th Cir. Jan. 16, 2026).unpublished
- Jordan, No. 3:23-cv-00254 (D. Conn. Jan. 16, 2026).
- Boardley, No. 1:25-cv-00103 (D. Md. Jan. 15, 2026).
- Trinseo v. Harper, No. 24-20460 (5th Cir. Jan. 21, 2026).published
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- Spectrum Labs., LLC v. Quick Fix Plus, No. 1:24-cv-00029 (S.D. Ohio Jan. 21, 2026).
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- KetoneAid, Inc. v. Suspend Aging L.L.C., No. 3:25-cv-01234 (D.P.R. Sept. 8, 2026).
- Melchizedek, No. 2:25-cv-01124 (W.D. Wash. Sept. 11, 2026).
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- Repub. Natl Cmte v. Wetzel, 120 F.4th 200 (5th Cir. 2024).published
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- Shi v. Zhu, No. 2:23-cv-01401 (W.D. Wash. Nov. 22, 2024).
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- Fornix Holdings LLC v. Unknown Party, No. 2:23-cv-01200 (D. Ariz. Apr. 29, 2025).
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- Beyond, Inc. v. Asset Store, LLC, No. 1:24-cv-01555 (D. Md. July 7, 2025).
- EEOC v. Drivers Mgmt., LLC, 142 F.4th 1122 (8th Cir. 2025).published
- Revzip, LLC v. Mcdonnell, No. 3:19-cv-00191 (W.D. Pa. Aug. 4, 2025).
- Boggs Materials Inc v. Summit Materials LLC, No. 4:22-cv-01151 (D.S.C. Aug. 28, 2025).
- V.O.S. Selections, Inc. v. Trump, 149 F.4th 1312 (Fed. Cir. 2025).published
- Marano v. TBC Multimedia LLC, No. 1:24-cv-22592 (S.D. Fla. Aug. 8, 2025).
- Barbera v. Hola TV US, LLC, No. 1:24-cv-23335 (S.D. Fla. Aug. 8, 2025).
- Beps Servs., LLC v. Blue Escape Pools LLC, No. 4:23-cv-00975 (E.D. Tex. Sept. 23, 2025).
- Hatchigian v. Whelan, No. 2:25-cv-03551 (E.D. Pa. Sept. 29, 2025).
- McLaughlin v. Amazon.Com, Inc., No. 3:23-cv-00839 (M.D. Pa. Sept. 30, 2025).
- Consum. Fin. Prot. Bureau v. Nexus Servs., Inc., 156 F.4th 443 (4th Cir. 2025).published
- Victorinox Swiss Army, Inc. v. Trade Channel LLC, No. 3:24-cv-01735 (D. Conn. Oct. 14, 2025).
- Broadcast Music, Inc. v. Pure Mexican Grill, LLC, No. 2:25-cv-00727 (D. Nev. Dec. 17, 2025).
- Sony Interactive Ent. LLC v. Jiechao Co., No. 1:25-cv-01054 (N.D. Ill. Jan. 28, 2026).
- HorizonMatrix, No. 5:24-cv-07428 (N.D. Cal. Jan. 14, 2026).
- Choon’s Design LLC v. Aysum Life, No. 4:24-cv-13321 (E.D. Mich. Jan. 30, 2026).
- Valancourt Books, LLC v. Perlmutter, No. 2018-1922 (D.D.C. Mar. 25, 2026).published
- Pub. Broad. Serv. v. Donald J. Trump, No. 2025-1722 (D.D.C. Mar. 31, 2026).published
- Heartwise, No. 2:13-cv-00982 (D. Utah Apr. 6, 2026).
- J. Sidak v. United States Int'l Trade Comm'n, 174 F.4th 151 (D.C. Cir. 2026).published
- Brokamp v. Dist. of Columbia, No. 2020-3574 (D.D.C. June 24, 2026).published
- Acct. Now USA v. Griess, No. 2026-1385 (D.D.C. June 29, 2026).published
- Bad River Band of the Lake Superior Tribe of Chipp v. Enbridge Energy Co., No. 23-2309 (7th Cir. July 30, 2026).published
- Bad River Band of Lake Superior Tribe of Chippewa v. Naomi Tillison, No. 23-2467 (7th Cir. July 30, 2026).published
- Aimbridge Emp. Serv. Corp. v. Nat'l Labor Relations Bd., No. 4:25-cv-01014 (E.D. Tex. July 27, 2026).
- US Inventor, Inc. v. Squires, No. 24-2378 (Fed. Cir. Aug. 21, 2026).published
- Barco, Inc. v. Yealink (USA) Network Tech. Co., No. 2:23-cv-00521 (E.D. Tex. Aug. 27, 2026).
- Cruz, No. 2:26-cv-00193 (E.D. Wis. Sept. 11, 2026).
- In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. Cir. 2007).published“The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion.”
- Norman Brown v. Anne Precythe, 14 F.4th 808 (8th Cir. 2021).published“The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion.”
- U.S. Sec. & Exch. Comm'n v. Citigroup Global Markets Inc., 827 F. Supp. 2d 328 (S.D.N.Y. 2011).published“According to well-established principles of equity, a plaintiff seeking a permanent injunction ... must demonstrate ... that the public interest would not be disserved by a permanent injunction”
- Mahindra & Mahindra Ltd v. FCA US LLC, No. 2:18-cv-12645 (E.D. Mich. May 17, 2021).“The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court …”
- Canadian Wheat Bd. v. United States, 637 F. Supp. 2d 1329 (Ct. Int'l Trade 2009).published“According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief.”
- Anheuser-Busch, Inc. v. Schnorf, 738 F. Supp. 2d 793 (N.D. Ill. 2010).published“The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion.”
- Rose Nulman Park Found. v. Four Twenty Corp., 93 A.3d 25 (R.I. 2014).published“A plaintiff [seeking a permanent injunction] must demonstrate * * * that the public interest would not be disserved by a permanent injunction.”
At page 394 Exercising equitable discretion in patent injunctive relief decisions80 citing cases“the decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards.”
- Range of Motion Prods. LLC v. Armaid Co., No. 1:21-cv-00105 (D. Me. Aug. 6, 2021).([T]he decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and . . . such discretion must be exercised consistent with traditional principles of equity, in p…)
- Orthoaccel Tech., Inc. v. Propel Orthodontics, LLC, No. 18-1534 (Fed. Cir. Sept. 23, 2019).unpublished([T]he decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and . . . such discretion must be exercised consistent with traditional principles of equity.)
- SCA Hygiene Prods. Aktiebolag SCA Pers. Care, Inc. v. First Quality Baby Prods., LLC, 807 F.3d 1311 (Fed. Cir. 2015).published For example, an injunction may be inequitable when the delay “has been continued so long, and under such cir- cumstances, as to defeat the right itself.” Menendez, 128 U.S. at 523 ; see also id. at 524 (“[S]o far as the act is in progress,…
- Amado v. Microsoft Corp., 517 F.3d 1353 (Fed. Cir. 2008).published ([T]he decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts.)
- Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 518 F. Supp. 2d 1197 (C.D. Cal. 2007).published See eBay, 126 S.Ct. at 1839 (“[A] major departure from the long tradition of equity practice should not be lightly implied”) (quoting Weinberger, 456 U.S. at 320 , 102 S.Ct. 1798 ); Amoco, 480 U.S. at 542 , 107 S.Ct. 1396 (“[W]e do not lig…
- MercExchange, L.L.C. v. eBay, Inc., 500 F. Supp. 2d 556 (E.D. Va. 2007).published See eBay, 126 S.Ct. at 1839 (“MercExchange sought to license its patent to eBay and Half.com, as it had previously done with other companies, but the parties failed to reach an agreement.”).
- Abbott Labs. v. Andrx Pharm., Inc., 452 F.3d 1331 (Fed. Cir. 2006).published See eBay, Inc., 126 S.Ct. at 1839 (“According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief....
- Trueposition Inc. v. Andrew Corp., 568 F. Supp. 2d 500 (D. Del. 2008).published
- BioTE Med., LLC v. Jacobsen, No. 4:18-cv-00866 (E.D. Tex. Aug. 21, 2019).
- Blue-Grace Logistics LLC v. Fahey, No. 8:21-cv-02523 (M.D. Fla. Feb. 7, 2022).
Show 70 more citing cases
- Michael Grassi v. John Grassi, No. 24-3291 (6th Cir. Nov. 5, 2024).unpublished
- Churchill Downs, Inc. v. Horseracing Integrity & Saf. Auth., Inc., No. 3:24-cv-00706 (W.D. Ky. Apr. 1, 2026).
- Everett Labs., Inc. v. Breckenridge Pharm., Inc., 573 F. Supp. 2d 855 (D.N.J. 2008).published
- Petro Franchise Sys., LLC v. All Am. Props., Inc., 607 F. Supp. 2d 781 (W.D. Tex. 2009).published
- Geertson Seed Farms v. Monsanto Co., No. 07-16458 (9th Cir. Sept. 2, 2008).published
- Geertson Seed Farms v. Monsanto Co., No. 07-16458 (9th Cir. June 24, 2009).published
- Delaware State Sportsmens Ass'n v. Delaware Dep't of Saf. & Homeland Securit, 108 F.4th 194 (3d Cir. 2024).published
- Socket Solutions, LLC v. Imp. Global, LLC, No. 25-1121 (Fed. Cir. Aug. 4, 2026).published
- North Am. Med. Corp. v. Axiom Worldwide, Inc., 522 F.3d 1211 (11th Cir. 2008).published
- Ecolab, Inc. v. FMC Corp., 569 F.3d 1335 (Fed. Cir. 2009).published
- Abbott Labs. v. Sandoz, Inc., 544 F.3d 1341 (Fed. Cir. 2008).published
- Hobby Lobby Stores, Inc. v. Sebelius, 723 F.3d 1114 (10th Cir. 2013).published
- Bcpeabody Constr. Servs., Inc. v. United States, 112 Fed. Cl. 502 (Fed. Cl. 2013).published
- Martek Biosciences Corp. v. Nutrinova Inc., 520 F. Supp. 2d 537 (D. Del. 2007).published
- Mass Engineered Design, Inc. v. Ergotron, Inc., 633 F. Supp. 2d 361 (E.D. Tex. 2009).published
- PAICE LLC v. Toyota Motor Corp., 609 F. Supp. 2d 620 (E.D. Tex. 2009).published
- Tiber Labs., LLC v. Hawthorn Pharm., Inc., 527 F. Supp. 2d 1373 (N.D. Ga. 2007).published
- I4i Ltd. P'ship v. Microsoft Corp., 670 F. Supp. 2d 568 (E.D. Tex. 2009).published
- K-Tec v. Vita-Mix, 765 F. Supp. 2d 1304 (D. Utah 2011).published
- Presidio Components Inc. v. Am. Technical Ceramics Corp., 723 F. Supp. 2d 1284 (S.D. Cal. 2010).published
- Kansas v. Nebraska, 574 U.S. 445 (2015).published
- N. Cheyenne v. Norton, No. 05-35408 (9th Cir. Sept. 11, 2007).published
- Commodores Ent. Corp. v. Thomas McClary, 648 F. App'x 771 (11th Cir. 2016).unpublished
- Wbip, LLC v. Kohler Co., 829 F.3d 1317 (Fed. Cir. 2016).published
- Johnson & Johnson Vision Care, Inc. v. Reyes, 665 F. App'x 736 (10th Cir. 2016).unpublished
- Bokf, Na v. Robert Estes, 923 F.3d 558 (9th Cir. 2019).published
- UBER Promotions, Inc. v. UBER Tech., Inc., 162 F. Supp. 3d 1253 (N.D. Fla. 2016).published
- Alvantor Indus. Co. LTD. v. Shenzhen Shi Ou Wei Te Shang Mao You Xian Gong Si, No. 2:21-cv-01820 (C.D. Cal. May 2, 2022).
- Trident Inv. Partners Inc. v. Evans, No. 2:20-cv-01848 (D. Ariz. Jan. 8, 2021).
- Cutera, Inc. v. Lutronic Aesthetics, Inc., 444 F. Supp. 3d 1198 (E.D. Cal. 2020).published
- ExamWorks, LLC v. Baldini, No. 2:20-cv-00920 (E.D. Cal. June 11, 2020).
- Canon Inc. v. V4INK, Inc., No. 2:19-cv-03978 (C.D. Cal. Oct. 3, 2019).
- Intel Corp. v. Tela Innovations, Inc., No. 3:18-cv-02848 (N.D. Cal. Mar. 1, 2021).
- Talavera Hair Prods., Inc. v. Taizhou Yunsung Elec. Appliance Co., LTD., No. 3:18-cv-00823 (S.D. Cal. June 14, 2022).
- Kaiquan Huang v. Individuals, Partnerships & Unincorporated Associations Identified on Schedule A, No. 1:23-cv-22812 (S.D. Fla. Sept. 21, 2023).
- XYZ Corp. v. Individuals, Partnerships & Unincorporated Associations Identified on Schedule A, No. 1:23-cv-23380 (S.D. Fla. Oct. 31, 2023).
- XYZ Corp. v. Individuals, Partnerships & Unincorporated Associations Identified on Schedule A, No. 1:23-cv-24366 (S.D. Fla. Jan. 30, 2024).
- Peng v. Partnerships & Unincorporated Associations Identified on Schedule \A\"", No. 1:21-cv-01344 (N.D. Ill. Sept. 14, 2021).
- Schwendimann v. Arkwright Advanced Coating, Inc., No. 0:11-cv-00820 (D. Minn. July 30, 2018).
- Turn & Bank Holdings, LLC v. Avco Corp., No. 1:19-cv-00503, 2019 WL 4773667 (M.D.N.C. Sept. 30, 2019).
- CoreClarity, Inc. v. Gallup, Inc., No. 4:20-cv-00601 (E.D. Tex. Aug. 28, 2020).
- Hydraflow Indus. NZ Ltd. v. DOES 1-139, No. 1:22-cv-00962 (W.D. Tex. Nov. 1, 2022).
- Norma U.S. Holding LLC v. Liaocheng Everlast Auto Parts Co., LTD, No. 2:24-cv-13373 (E.D. Mich. Dec. 27, 2024).
- Funderburg v. Dunlap, No. 3:25-cv-05207 (W.D. Wash. Mar. 14, 2025).
- Metro. Area Agency on Aging, Inc. v. Trellis Co., No. 0:24-cv-01854 (D. Minn. June 2, 2026).
- Riley, No. 1:26-cv-00309 (D. Del. July 6, 2026).
- Barco, Inc. v. Yealink (USA) Network Tech. Co., No. 2:23-cv-00521 (E.D. Tex. Aug. 27, 2026).
- PrintGuard, Inc. v. Anti-Marking Sys., Inc., 535 F. Supp. 2d 189 (D. Mass. 2008).published
- MPT, Inc. v. Marathon Labels, Inc., 505 F. Supp. 2d 401 (N.D. Ohio 2007).published
- ActiveVideo Networks, Inc. v. Verizon Commc'ns, Inc., 827 F. Supp. 2d 641 (E.D. Va. 2011).published
- Wetzel's Pretzels, LLC v. Johnson, 797 F. Supp. 2d 1020 (C.D. Cal. 2011).published
- Transamerica Life Ins. v. Lincoln Nat'l Life Ins., 625 F. Supp. 2d 702 (N.D. Iowa 2009).published
- Bettcher Indus., Inc. v. Bunzl USA, Inc., 692 F. Supp. 2d 805 (N.D. Ohio 2010).published
- Bushnell, Inc. v. Brunton Co., 673 F. Supp. 2d 1241 (D. Kan. 2009).published
- Indivior Inc. v. Dr. Reddy's Labs., S.A., No. 18-2167 (Fed. Cir. Nov. 20, 2018).unpublished
- Trimble Inc. v. Perdiemco LLC, 997 F.3d 1147 (Fed. Cir. 2021).published
- Symbiont v. Bjm Feed, No. 1 CA-CV 21-0218 (Ariz. Ct. App. May 19, 2022).unpublished
- Buzz Bee Toys, Inc. v. Swimways Corp., 20 F. Supp. 3d 483 (D.N.J. 2014).published
- Oracle USA, Inc. v. Rimini Street, Inc., 209 F. Supp. 3d 1200 (D. Nev. 2016).published
- Canon, Inc. v. Color Imaging, Inc., 292 F. Supp. 3d 1339 (N.D. Ga. 2018).published
- Oracle USA, Inc. v. Rimini St., Inc., 324 F. Supp. 3d 1157 (D. Nev. 2018).published
- Fractus, S.A. v. Samsung Elec. Co., 876 F. Supp. 2d 802 (E.D. Tex. 2012).published
- Apple, Inc. v. Samsung Elec. Co., 877 F. Supp. 2d 838 (N.D. Cal. 2012).published
- VirnetX Inc. v. Apple Inc., 925 F. Supp. 2d 816 (E.D. Tex. 2013).published
- Ronald Hooks v. Nexstar Broad., Inc., No. 21-35252 (9th Cir. Dec. 5, 2022).published
- Newland v. Sebelius, 542 F. App'x 706 (10th Cir. 2013).unpublished“[T]he decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts.”
- Bouchat v. Baltimore Ravens Ltd. P'ship, 619 F.3d 301 (4th Cir. 2010).published“[T]he decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts.”
- Praxair, Inc. v. Atmi, Inc., 543 F.3d 1306 (Fed. Cir. 2008).published“[W]e take no position on whether permanent injunctive relief should or should not issue in this particular case, or indeed in any number of other disputes arising under the Patent Act.”
- FTC v. Amg Capital Mgmt., LLC, 910 F.3d 417 (9th Cir. 2018).published“[Equitable] discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards.”
- Hoop Culture, Inc. v. Gap Inc., 648 F. App'x 981 (11th Cir. 2016).unpublished
At page 393 Evaluating broad classifications in permanent injunction analysis45 citing cases[E]xpansive principles suggesting that injunctive relief could not issue in a broad swath of cas- es . . . cannot be squared with the principles of equity adopted by Congress.
- Anthony Campbell v. June James, 47 F.4th 1362 (11th Cir. 2022).published([T]raditional equitable principles do not permit . . . broad classifications.)
- Apple Inc. v. Samsung Elec. Co., 809 F.3d 633 (Fed. Cir. 2015).published ([E]xpansive principles suggesting that injunctive relief could not issue in a broad swath of cas- es . . . cannot be squared with the principles of equity adopted by Congress.)
- Apple Inc. v. Samsung Elec. Co., 801 F.3d 1352 (Fed. Cir. 2015).published ([E]xpansive principles suggesting that injunctive relief could not issue in a broad swath of cas- es . . . cannot be squared with the principles of equity adopted by Congress.)
- BioTE Med., LLC v. Jacobsen, No. 4:18-cv-00866 (E.D. Tex. Aug. 21, 2019).
- Blue-Grace Logistics LLC v. Fahey, No. 8:21-cv-02523 (M.D. Fla. Feb. 7, 2022).
- Janssen Prods., L.P. v. Lupin Ltd., 109 F. Supp. 3d 650 (D.N.J. 2014).published
- ams Sensors USA Inc. v. Intersil Corp., No. 4:08-cv-00451 (E.D. Tex. Oct. 1, 2019).
- ACUMED LLC v. Stryker Corp., 551 F.3d 1323 (Fed. Cir. 2008).published
- Apple, Inc. v. Samsung Elec. Co., 678 F.3d 1314 (Fed. Cir. 2012).published
- Activevideo Networks, Inc. v. Verizon Commc'ns, Inc., 694 F.3d 1312 (Fed. Cir. 2012).published
Show 34 more citing cases
- Petro Franchise Sys., LLC v. All Am. Props., Inc., 607 F. Supp. 2d 781 (W.D. Tex. 2009).published
- Wpix, Inc. v. Ivi, Inc., 765 F. Supp. 2d 594 (S.D.N.Y. 2011).published
- Geertson Seed Farms v. Monsanto Co., No. 07-16458 (9th Cir. Sept. 2, 2008).published
- Geertson Seed Farms v. Monsanto Co., No. 07-16458 (9th Cir. June 24, 2009).published
- Lexmark Int'l, Inc. v. Impression Prods., Inc., 816 F.3d 721 (Fed. Cir. 2016).published
- Frerck v. John Wiley & Sons, Inc., 850 F. Supp. 2d 889 (N.D. Ill. 2012).published
- Mrs. United States Nat'l Pageant, Inc. v. Miss United States Org., LLC, 875 F. Supp. 2d 211 (W.D.N.Y. 2012).published
- Apple, Inc. v. Samsung Elec. Co., 909 F. Supp. 2d 1147 (N.D. Cal. 2012).published
- Stark Carpet Corp. v. Stark Carpet & Flooring Installations, Corp., 954 F. Supp. 2d 145 (E.D.N.Y. 2013).published
- Costello v. HomeAdvisor, Inc, No. 1:18-cv-01802 (D. Colo. Aug. 20, 2019).
- Airquip, Inc. v. HomeAdvisor, Inc, No. 1:16-cv-01849 (D. Colo. Aug. 20, 2019).
- ArcherDX, LLC v. QIAGEN Sciences, LLC, No. 1:18-cv-01019 (D. Del. Sept. 30, 2022).
- Wicked Grips LLC v. Badaan, No. 8:21-cv-02131 (M.D. Fla. Oct. 8, 2021).
- Zou v. Entities & Individuals Identified in Annex A, No. 1:23-cv-16600 (N.D. Ill. Mar. 8, 2024).
- Cajun Servs. Unlimited LLC v. Benton Energy Serv. Co., No. 2:17-cv-00491 (E.D. La. Jan. 23, 2020).
- Dynatemp Int'l, Inc. v. RMS of Georgia, LLC, No. 5:20-cv-00142 (E.D.N.C. July 30, 2021).
- Gesture Tech. Partners, LLC v. LG Elec. Inc., No. 2:21-cv-19234 (D.N.J. Apr. 4, 2022).
- Trump Vill. Section 4, Inc. v. Local 804 Int'l of Bhd. Teamster, No. 1:22-cv-03925 (E.D.N.Y. July 11, 2022).
- Ideavillage Prods. Corp. v. A1559749699-1, No. 1:20-cv-04679 (S.D.N.Y. Sept. 23, 2020).
- Ideavillage Prods. Corp. v. 1tree outdoor Store, No. 1:20-cv-04680 (S.D.N.Y. Sept. 23, 2020).
- Hodnett v. Medalist Partners Opportunity Master Fund II-A, L.P., No. 1:21-cv-00038 (S.D.N.Y. Feb. 12, 2021).
- Wave Studio, LLC v. Trivago N.V., No. 7:23-cv-03586 (S.D.N.Y. May 30, 2023).
- Oriental Fin. Grp., Inc. v. Cooperativa de Ahorro y Credito Oriental, No. 3:10-cv-01444 (D.P.R. Nov. 20, 2020).
- George Sink PA Injury Lawyers v. George Sink II Law Firm LLC, No. 2:19-cv-01206 (D.S.C. Nov. 26, 2019).
- Delaware State Sportsmens Ass'n v. Delaware Dep't of Saf. & Homeland Securit, 108 F.4th 194 (3d Cir. 2024).published
- VidStream LLC v. Twitter Inc, No. 3:16-cv-00764 (N.D. Tex. July 22, 2024).
- Elgin Separation Solutions, LLC v. Dillon, No. 2:23-cv-00440 (S.D. W. Va. Oct. 13, 2023).
- Paper Thermometer v. Murray, 2012 DNH 017 (D.N.H. 2012).published
- Wareka, No. 2:24-cv-01440 (E.D. Cal. Oct. 17, 2025).
- Fornix Holdings LLC v. Unknown Party, No. 2:25-cv-01818 (D. Ariz. Apr. 7, 2026).
- Socket Solutions, LLC v. Imp. Global, LLC, No. 25-1121 (Fed. Cir. Aug. 4, 2026).published
- Affordo, Inc. v. Guangzhou Xingxing Cotton Tech. R&D Co., No. 1:26-cv-01848 (S.D.N.Y. July 2, 2026).
- Barco, Inc. v. Yealink (USA) Network Tech. Co., No. 2:23-cv-00521 (E.D. Tex. Aug. 27, 2026).
- Hoop Culture, Inc. v. Gap Inc., 648 F. App'x 981 (11th Cir. 2016).unpublished“[T]raditional equita *985 ble principles do not permit such broad classifications”
At page 392 Distinguishing right creation from remedy provision for injunctions42 citing cases[The Supreme] 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.
- Bais Yaakov of Spring Valley v. Houghton Mifflin Harcourt Publishers, Inc., No. 7:13-cv-04577 (S.D.N.Y. Feb. 1, 2021).([The Supreme] 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.)
- All Star Mktg. Grp., LLC v. 158, No. 1:18-cv-04101 (S.D.N.Y. Aug. 20, 2019).([T]his 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.)
- SCA Hygiene Prods. Aktiebolag SCA Pers. Care, Inc. v. First Quality Baby Prods., LLC, 807 F.3d 1311 (Fed. Cir. 2015).published ([I]njunctive relief may issue only in accordance with the principles of equity.)
- Tools Aviation, LLC v. Digit. Pavilion Elec. LLC, 797 F. Supp. 3d 222 (E.D.N.Y. 2025).published A plaintiff seeking a permanent injunction must demonstrate: “(1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering…
- Sadowski v. Downing & Downing, Inc., No. 1:24-cv-00296 (N.D. Ohio Dec. 30, 2024).“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.”
- Grant Heilman Photography, Inc. v. John Wiley & Sons, Inc., 864 F. Supp. 2d 316 (E.D. Pa. 2012).published
- BioTE Med., LLC v. Jacobsen, No. 4:18-cv-00866 (E.D. Tex. Aug. 21, 2019).
- Penguin Grp. (USA) Inc. v. Am. Buddha, No. 09-1739 (2d Cir. May 12, 2011).published
- Peoples Fed. Sav. Bank v. People's United Bank, 672 F.3d 1 (1st Cir. 2012).published
- Edwards Lifesciences Ag. v. Corevalve, Inc., 699 F.3d 1305 (Fed. Cir. 2012).published
Show 32 more citing cases
- Everett Labs., Inc. v. Breckenridge Pharm., Inc., 573 F. Supp. 2d 855 (D.N.J. 2008).published
- Disney Enter., Inc. v. Vidangel, Inc., 869 F.3d 848 (9th Cir. 2017).published
- Oil States Energy Servs., LLC v. Greene's Energy Grp., LLC, 584 U.S. 325 (2018).published
- Arellano v. McDonough, 1 F.4th 1059 (Fed. Cir. 2021).published
- Penguin Grp. (USA) Inc. v. Am. Buddha, 946 N.E.2d 159 (N.Y. 2011).published
- Pearson Educ., Inc. v. Ishayev, 9 F. Supp. 3d 328 (S.D.N.Y. 2014).published
- Janssen Prods., L.P. v. Lupin Ltd., 109 F. Supp. 3d 650 (D.N.J. 2014).published
- Sanofi-Avents Deutschland GmbH v. Glenmark Pharm. Inc., 821 F. Supp. 2d 681 (D.N.J. 2011).published
- Virtual Studios, Inc. v. Beaulieu Grp., LLC, 987 F. Supp. 2d 769 (E.D. Tenn. 2013).published
- Karey Burkholder v. Palisades Park Owners Ass'n, 882 S.E.2d 906 (Va. Ct. App. 2023).published
- Broadcast Music Inc. v. BLK, III LLC, No. 2:19-cv-01358 (D. Ariz. May 12, 2020).
- Fornix Holdings LLC v. Pepin, No. 2:22-cv-01275 (D. Ariz. July 12, 2023).
- XYZ Corp. v. Individuals, Partnerships, & Unincorporated Associations Identified on Schedule \A\"", 668 F. Supp. 3d 1268 (S.D. Fla. 2023).published
- KPM Analytics North Am. Corp. v. Blue Sun Sci., LLC, 729 F. Supp. 3d 84 (D. Mass. 2024).published
- Sandcraft, LLC v. KB3 UTV LLC, No. 4:22-cv-00663 (W.D. Mo. May 17, 2023).
- Minden Pictures, Inc. v. Dentistry Today, Inc, No. 2:22-cv-02809 (D.N.J. Nov. 28, 2022).
- Bayoh v. Afropunk Fest 2015 LLC, No. 1:18-cv-05820 (S.D.N.Y. Dec. 11, 2020).
- Cordwell v. Celebrity Yacht Grp. LLC, No. 3:21-cv-00845 (D. Or. Aug. 9, 2022).
- Schuylkill Valley Sports, Inc. v. Corp. Images Co., No. 5:20-cv-02332, 2020 WL 3167636 (E.D. Pa. June 15, 2020).
- Stantec Consulting Servs. Inc. v. Arslan, No. 5:20-cv-06121 (E.D. Pa. Sept. 30, 2021).
- ams Sensors USA Inc. v. Intersil Corp., No. 4:08-cv-00451 (E.D. Tex. Oct. 1, 2019).
- Wirtgen Am., Inc. v. Caterpillar, Inc., No. 1:17-cv-00770 (D. Del. Sept. 17, 2024).
- Phibro Biodigester v. Murphy-Brown LLC, No. 4:22-cv-00050 (D. Utah Nov. 18, 2022).
- Phibro Biodigester v. Murphy-Brown LLC, No. 4:22-cv-00050 (D. Utah Nov. 23, 2022).
- Revzip, LLC v. Mcdonnell, No. 3:19-cv-00191 (W.D. Pa. Aug. 4, 2025).
At page 395 Historical tradition of granting injunctive relief in patent cases20 citing cases
- Apple Inc. v. Samsung Elec. Co., 809 F.3d 633 (Fed. Cir. 2015).published Essentially barring entire industries of patentees—like Apple and other innovators of many-featured products—from taking advantage of these fundamental rights is in direct contra- vention of the Supreme Court’s approach in eBay. 547 U.S. a…
- Apple Inc. v. Samsung Elec. Co., 801 F.3d 1352 (Fed. Cir. 2015).published Essentially barring entire industries of patentees—like Apple and other innovators of many-featured products—from taking advantage of these fundamental rights is in direct contra- vention of the Supreme Court’s approach in eBay. 547 U.S. a…
- Janssen Prods., L.P. v. Lupin Ltd., 109 F. Supp. 3d 650 (D.N.J. 2014).published
- UBER Promotions, Inc. v. UBER Tech., Inc., 162 F. Supp. 3d 1253 (N.D. Fla. 2016).published
- Schwendimann v. Arkwright Advanced Coating, Inc., No. 0:11-cv-00820 (D. Minn. July 30, 2018).
- Fresenius Usa, Inc. v. Baxter Int'l, Inc. [Revised], No. 2008-1306 (Fed. Cir. Sept. 14, 2009).published
- Fresenius Usa, Inc. v. Baxter Int'l, Inc., 582 F.3d 1288 (Fed. Cir. 2009).published
- Broadcom Corp. v. Emulex Corp., 732 F.3d 1325 (Fed. Cir. 2013).published
- Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 188 F. Supp. 3d 22 (D.D.C. 2016).published
- SEC v. Guy Gentile, 939 F.3d 549 (3d Cir. 2019).published
Show 8 more citing cases
- Steve Huynh v. Frank Blanchard, 694 S.W.3d 648 (Tex. 2024).published
- Lexington Ins. Co. v. Ambassador Grp. LLC, 581 F. Supp. 3d 863 (W.D. Ky. 2021).published
- W. Plastics, Inc. v. DuBose Strapping, Inc., No. 5:15-cv-00294 (E.D.N.C. Sept. 24, 2020).
- Barco, Inc. v. Yealink (USA) Network Tech. Co., No. 2:23-cv-00521 (E.D. Tex. Aug. 27, 2026).
- Oracle USA, Inc. v. Rimini Street, Inc., 209 F. Supp. 3d 1200 (D. Nev. 2016).published
126 S. Ct. at 1840 Rejection of automatic injunction following infringement finding14 citing casesreversing the Federal Circuit, which had articulated "a `general rule,' unique to patent disputes, `that a permanent injunction will issue once infringement and validity have been adjudged'
- Get Bak'd OKC v. Releaf Labs, 2023 OK CIV APP 45.published Get Bak'd argues that this provision codifies the common law presumption of irreparable harm in trademark infringement cases, and that argument has merit. ¶14 In response, Releaf Labs argues that "most courts do not apply a categorical pre…
- Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 518 F. Supp. 2d 1197 (C.D. Cal. 2007).published See eBay, 126 S.Ct. at 1839 (“[A] major departure from the long tradition of equity practice should not be lightly implied”) (quoting Weinberger, 456 U.S. at 320 , 102 S.Ct. 1798 ); Amoco, 480 U.S. at 542 , 107 S.Ct. 1396 (“[W]e do not lig…
- MercExchange, L.L.C. v. eBay, Inc., 500 F. Supp. 2d 556 (E.D. Va. 2007).published See eBay, 126 S.Ct. at 1839 (“MercExchange sought to license its patent to eBay and Half.com, as it had previously done with other companies, but the parties failed to reach an agreement.”).
- Acumed LLC v. Stryker Corp., 483 F.3d 800 (Fed. Cir. 2007).published See eBay, 126 S.Ct. at 1839 (“The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion.”).
- Innogenetics, N v. v. Abbott Labs., 512 F.3d 1363 (Fed. Cir. 2008).published
- Christopher Phelps & Assocs., LLC v. R. Wayne Galloway v. Simonini Builders, Inc., Third Party Donald A. Gardner Architects, Inc. Donald A. Gardner, Inc. Frank Betz Assocs., Inc., Amici Supporting, 477 F.3d 128 (3d Cir. 2007).published
- Christopher Phelps & Assocs., LLC v. Galloway, 492 F.3d 532 (4th Cir. 2007).published
- Commonwealth Sci. & Indus. Rsch. Organisation v. Buffalo Tech. Inc., 492 F. Supp. 2d 600 (E.D. Tex. 2007).published
- Trueposition Inc. v. Andrew Corp., 568 F. Supp. 2d 500 (D. Del. 2008).published
- Z4 Tech., Inc. v. Microsoft Corp., 434 F. Supp. 2d 437 (E.D. Tex. 2006).published
Show 3 more citing cases
- Christopher Phelps & Assocs., LLC v. Galloway, 477 F.3d 128 (4th Cir. 2007).published
- Reno Air Racing Ass'n v. Jerry McCord, 452 F.3d 1126 (9th Cir. 2006).published
- Grant Heilman Photography, Inc. v. John Wiley & Sons, Inc., 864 F. Supp. 2d 316 (E.D. Pa. 2012).published
At page 390 Applying four-factor test for permanent injunctive relief9 citing casesnoting that “permanent injunctive 6 relief” is available only “to a prevailing plaintiff
- Merial Ltd. v. Cipla Ltd., 681 F.3d 1283 (Fed. Cir. 2012).published
- Judkins v. Ht Window Fashions Corp., 704 F. Supp. 2d 470 (W.D. Pa. 2010).published
- Creative Internet Advert. Corp. v. Yahoo! Inc., 674 F. Supp. 2d 847 (E.D. Tex. 2009).published
- SiOnyx, LLC v. Hamamatsu Photonics K.K., No. 1:15-cv-13488 (D. Mass. July 25, 2019).
- Cooley v. P & C Motel Corp., No. 1:21-cv-00798 (S.D. Ohio Aug. 2, 2022).
- Puerto Rico Ass'n of Mayors v. Velez-Martinez, No. 3:20-cv-01405 (D.P.R. Aug. 26, 2020).
- BioTE Med., LLC v. Jacobsen, No. 4:18-cv-00866 (E.D. Tex. Aug. 21, 2019).
- Blue-Grace Logistics LLC v. Fahey, No. 8:21-cv-02523 (M.D. Fla. Feb. 7, 2022).
- Bishop-McKean v. Washington Dep't of Corr., No. 3:20-cv-05416 (W.D. Wash. Sept. 2, 2022).
At page 396 Analyzing injunctions against patent infringement in modern industry9 citing cases
- ams Sensors USA Inc. v. Intersil Corp., No. 4:08-cv-00451 (E.D. Tex. Oct. 1, 2019).
- Lab'y Corp. of Am. Holdings v. Metabolite Labs., Inc., 548 U.S. 124 (2006).published
- Bilski v. Kappos, 561 U.S. 593 (2010).published
- Microsoft Corp. v. Motorola, Inc, 696 F.3d 872 (9th Cir. 2012).published
- Automated Transactions, LLC v. Am. Bankers Ass'n & a., 216 A.3d 71 (N.H. 2019).published
- Wisconsin Alumni Rsch. Found. v. Apple, Inc., 261 F. Supp. 3d 900 (W.D. Wis. 2017).published
- MCP IP, LLC v. 30-06 Outdoors, No. 2:21-cv-00581 (S.D. Ohio Aug. 16, 2022).
- Jazz Pharm., Inc. v. Avadel CNS Pharm., LLC, No. 1:22-cv-00941 (D. Del. May 24, 2024).
- Johnson & Johnson v. Samsung Bioepis Co Ltd, 173 F.4th 454 (3d Cir. 2026).published
At page 388 Applying four-factor test for permanent injunctive relief7 citing cases“private sellers to list goods they wish to sell, either through an auction or at a fixed price.”
- Chaudhry v. Smith, No. 1:16-cv-01243 (E.D. Cal. Sept. 29, 2021).
- Silicon Valley Textiles, Inc. v. Sofari Collections Ltd., No. 3:23-cv-03988 (N.D. Cal. Nov. 28, 2023).
- Endobiogenics, Inc. v. Chahine, No. 4:19-cv-00096 (D. Idaho Mar. 30, 2020).
- Taylor v. Grunigen, No. 1:19-cv-11947, 2022 WL 1239955 (D. Mass. Apr. 26, 2022).
- Juul Labs, Inc. v. Zoey Trading LLC, No. 2:21-cv-19299, 2022 WL 970412 (D.N.J. Mar. 31, 2022).
- Delaware Valley Aesthetics, PLLC v. John Doe 1, No. 2:20-cv-00456 (E.D. Pa. Nov. 21, 2022).
- Grace E. Moore Great-Grandchildren Trust of 2006 v. Gulfport Appalachia, LLC, No. 2:24-cv-02231 (S.D. Ohio Dec. 27, 2024).
126 S. Ct. at 1842 Analyzing right to exclude and patent enforcement remedies4 citing cases
- Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 518 F. Supp. 2d 1197 (C.D. Cal. 2007).published See eBay, 126 S.Ct. at 1839 (“[A] major departure from the long tradition of equity practice should not be lightly implied”) (quoting Weinberger, 456 U.S. at 320 , 102 S.Ct. 1798 ); Amoco, 480 U.S. at 542 , 107 S.Ct. 1396 (“[W]e do not lig…
- MercExchange, L.L.C. v. eBay, Inc., 500 F. Supp. 2d 556 (E.D. Va. 2007).published See eBay, 126 S.Ct. at 1839 (“MercExchange sought to license its patent to eBay and Half.com, as it had previously done with other companies, but the parties failed to reach an agreement.”).
- Commonwealth Sci. & Indus. Rsch. Organisation v. Buffalo Tech. Inc., 492 F. Supp. 2d 600 (E.D. Tex. 2007).published
- Z4 Tech., Inc. v. Microsoft Corp., 434 F. Supp. 2d 437 (E.D. Tex. 2006).published
Irreparable harm is ‘harm for 28 which there is no adequate legal remedy, such as an award for damages.’
- Carbon Autonomous Robotic Sys. Inc. v. Laudando & Assoc., No. 2:24-cv-03012 (E.D. Cal. June 13, 2025).(Irreparable harm is ‘harm for 28 which there is no adequate legal remedy, such as an award for damages.’)
- Can-Am Fuel Distrib. LLC v. Sinclair Oil LLC, No. 3:24-cv-05743 (W.D. Wash. May 12, 2025).(Irreparable harm is ‘harm for 17 which there is no adequate legal remedy, such as an award for damages.’)
- Crownholm v. Moore, 647 F. Supp. 3d 842 (E.D. Cal. 2022).published(Irreparable harm is ‘harm for 11 which there is no adequate legal remedy, such as an award for damages.’)
- City Beverages LLC v. Crown Imports LLC, 645 F. Supp. 3d 1075 (W.D. Wash. 2022).published(Irreparable harm is ‘harm for 17 which there is no adequate legal remedy, such as an award for damages.’)
The essential attribute of a patent grant is that it provides a right to exclude competitors from infringing the patent.
- Aquapaw Brands LLC v. Pusifica, No. 2:23-cv-00538 (W.D. Pa. Aug. 12, 2025).(The essential attribute of a patent grant is that it provides a right to exclude competitors from infringing the patent.)
- Aquapaw Brands LLC v. Yan-peng, No. 2:21-cv-01784 (W.D. Pa. July 29, 2022).(The essential attribute of a patent grant is that it provides a right to exclude competitors from infringing the patent.)
At page 397 Adapting injunctions to evolving patent technology2 citing cases
- Bilski v. Kappos, 561 U.S. 593 (2010).published
“irreparable harm is 'harm for 28 which there is no adequate legal remedy, such as an award for damages.”
- Carbon Autonomous Robotic Sys. Inc. v. Laudando & Assoc., No. 2:24-cv-03012 (E.D. Cal. June 13, 2025).“irreparable harm is 'harm for 28 which there is no adequate legal remedy, such as an award for damages.”
- Can-Am Fuel Distrib. LLC v. Sinclair Oil LLC, No. 3:24-cv-05743 (W.D. Wash. May 12, 2025).“irreparable harm is 'harm for 17 which there is no adequate legal remedy, such as an award for damages.”
- Crownholm v. Moore, 647 F. Supp. 3d 842 (E.D. Cal. 2022).published“irreparable harm is 'harm for 11 which there is no adequate legal remedy, such as an award for damages.”
- City Beverages LLC v. Crown Imports LLC, 645 F. Supp. 3d 1075 (W.D. Wash. 2022).published“irreparable harm is 'harm for 17 which there is no adequate legal remedy, such as an award for damages.”
“the essential attribute of a patent grant is that it provides a right to exclude competitors from infringing the patent.”
- Aquapaw Brands LLC v. Pusifica, No. 2:23-cv-00538 (W.D. Pa. Aug. 12, 2025).“the essential attribute of a patent grant is that it provides a right to exclude competitors from infringing the patent.”
- Aquapaw Brands LLC v. Yan-peng, No. 2:21-cv-01784 (W.D. Pa. July 29, 2022).“the essential attribute of a patent grant is that it provides a right to exclude competitors from infringing the patent.”
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- Moon Dot, Inc. v. Q Shack Corp., No. 3:25-cv-00396 (W.D.N.C. Aug. 21, 2025).
- Redbox Automated Retail LLC v. Xpress Retail LLC, No. 1:17-cv-05596 (N.D. Ill. Mar. 9, 2018).
- Redbox Automated Retail, LLC v. Xpress Retail LLC, 310 F. Supp. 3d 949 (E.D. Ill. 2018).published
- Hoop Culture, Inc. v. Gap, Inc., 122 F. Supp. 3d 1338 (M.D. Fla. 2015).published
- Va 365 LLC v. Sine Trading Int'l LLC, No. 2:23-cv-02628 (D.N.J. Apr. 28, 2025).
- GS Holistic, LLC v. Alseeiadi, No. 3:23-cv-00749 (N.D. Cal. Apr. 2, 2025).
- McKee Foods Corp. v. BFP Inc., No. 1:21-cv-00279 (E.D. Tenn. Mar. 31, 2025).
- Deckers Outdoor Corp. v. Owner of ahnu.com, No. 2:24-cv-01698 (E.D. La. Dec. 18, 2024).
- Sec. & Exch. Comm'n v. McLellan, 737 F. Supp. 3d 95 (D. Mass. 2024).published
- Texas Tamale Co. v. CPUSA2, LLC, No. 4:21-cv-03341 (S.D. Tex. June 4, 2024).
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- Young Israel of Tampa, Inc. v. Hillsborough Area Reg'l Transit Auth., 89 F.4th 1337 (11th Cir. 2024).published
- GS Holistic, LLC v. SF Hookah Palace Inc., No. 4:22-cv-07100 (N.D. Cal. Dec. 19, 2023).
- Gartner, Inc. v. Hackett Grp., Inc., No. 3:23-cv-00688 (D. Conn. Nov. 7, 2023).
- Solange v. M&T Bank, No. 8:22-cv-02999 (D. Md. Oct. 18, 2023).
- Allstar Mktg. Grp. LLC v. Andnov73, No. 1:20-cv-09069 (S.D.N.Y. Aug. 14, 2023).
- GS Holistic, LLC v. MSA-Bossy Inc, No. 3:22-cv-07638, 2023 WL 3604322 (N.D. Cal. May 22, 2023).
- United States v. Booz Allen Hamilton Inc., No. 1:22-cv-01603 (D. Md. Oct. 17, 2022).
v.
MERCEXCHANGE, L. L. C.
Lead Opinion
delivered the opinion of the Court.
Ordinarily, a federal court considering whether to award permanent injunctive relief to a prevailing plaintiff applies the four-factor test historically employed by courts of equity. Petitioners eBay Inc. and Half.com, Inc., argue that this traditional test applies to disputes arising under the Patent Act. We agree and, accordingly, vacate the judgment of the Court of Appeals.
I
Petitioner eBay operates a popular Internet Web site that allows private sellers to list goods they wish to sell, either through an auction or at a fixed price. Petitioner Half.com, now a wholly owned subsidiary of eBay, operates a similar Web site. Respondent MercExchange, L. L. C., holds a number of patents, including a business method patent for an electronic market designed to facilitate the sale of goods between private individuals by establishing a central authority to promote trust among participants. See U. S. Patent No. 5,845,265. MercExchange sought to license its patent to eBay and Half.com, as it had previously done with other companies, but the parties failed to reach an agreement. MercExchange subsequently filed a patent infringement suit against eBay and Half.com in the United States District Court for the Eastern District of Virginia. A jury found[*391] that MercExchange’s patent was valid, that eBay and Half.com had infringed that patent, and that an award of damages was appropriate.[1]
Following the jury verdict, the District Court denied MercExchange’s motion for permanent injunctive relief. 275 F. Supp. 2d 695 (2003). The Court of Appeals for the Federal Circuit reversed, applying its “general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances.” 401 F. 3d 1323, 1339 (2005). We granted certiorari to determine the appropriateness of this general rule. 546 U. S. 1029 (2005).
II
According to well-established principles of equity, a plaintiff seeking a permanent injunction must satisfy a four-factor test before a court may grant such relief. A plaintiff must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that 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 injunction. See, e. g., Weinberger v. Romero-Barcelo, 456 U. S. 305, 311-313 (1982); Amoco Production Co. v. Gambell, 480 U. S. 531, 542 (1987). The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion. See, e. g., Romero-Barcelo, 456 U. S., at 320.
These familiar principles apply with equal force to disputes arising under the Patent Act. As this Court has long recognized, “a major departure from the long tradition of equity practice should not be lightly implied.” Ibid.; see also Amoco, supra, at 542. Nothing in the Patent Act indi[*392]cates that Congress intended such a departure. To the contrary, the Patent Act expressly provides that injunctions “may” issue “in accordance with the principles of equity.” 35 U. S. C. § 283.[2]
To be sure, the Patent Act also declares that “patents shall have the attributes of personal property,” §261, including “the right to exclude others from making, using, offering for sale, or selling the invention,” § 154(a)(1). According to the Court of Appeals, this statutory right to exclude alone justifies its general rule in favor of permanent injunctive relief. 401 F. 3d, at 1338. But the creation of a right is distinct from the provision of remedies for violations of that right. Indeed, the Patent Act itself indicates that patents shall have the attributes of personal property “[sjubject to the provisions of this title,” 35 U. S. C. §261, including, presumably, the provision that injunctive relief “may” issue only “in accordance with the principles of equity,” § 283.
This approach is consistent with our treatment of injunctions under the Copyright Act. Like a patent owner, a copyright holder possesses “the right to exclude others from using his property.” Fox Film Corp. v. Doyal, 286 U. S. 123, 127 (1932); see also id., at 127-128 (“A copyright, like a patent, is at once the equivalent given by the public for benefits bestowed by the genius and meditations and skill of individuals and the incentive to further efforts for the same important objects” (internal quotation marks omitted)). Like the Patent Act, the Copyright Act provides that courts “may” grant injunctive relief “on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.” 17 U. S. C. § 502(a). And as in our decision today, this Court has consistently rejected invitations to replace traditional equitable considerations with a rule that an injunction auto[*393]matically follows a determination that a copyright has been infringed. See, e. g., New York Times Co. v. Tasini, 533 U. S. 483, 505 (2001) (citing Campbell v. Acuff-Rose Music, Inc., 510 U. S. 569, 578, n. 10 (1994)); Dun v. Lumbermen’s Credit Assn., 209 U. S. 20, 23-24 (1908).
Neither the District Court nor the Court of Appeals below fairly applied these traditional equitable principles in deciding respondent’s motion for a permanent injunction. Although the District Court recited the traditional four-factor test, 275 F. Supp. 2d, at 711, it appeared to adopt certain expansive principles suggesting that injunctive relief could not issue in a broad swath of cases. Most notably, it concluded that a “plaintiff’s willingness to license its patents” and “its lack of commercial activity in practicing the patents” would be sufficient to establish that the patent holder would not suffer irreparable harm if an injunction did not issue. Id., at 712. But traditional equitable principles do not permit such broad classifications. For example, some patent holders, such as university researchers or self-made inventors, might reasonably prefer to license their patents, rather than undertake efforts to secure the financing necessary to bring their works to market themselves. Such patent holders may be able to satisfy the traditional four-factor test, and we see no basis for categorically denying them the opportunity to do so. To the extent that the District Court adopted such a categorical rule, then, its analysis cannot be squared with the principles of equity adopted by Congress. The court’s categorical rule is also in tension with Continental Paper Bag Co. v. Eastern Paper Bag Co., 210 U. S. 405, 422-430 (1908), which rejected the contention that a eourt of equity has no jurisdiction to grant injunctive relief to a patent holder who has unreasonably declined to use the patent.
In reversing the District Court, the Court of Appeals departed in the opposite direction from the four-factor test. The court articulated a “general rule,” unique to patent disputes, “that a permanent injunction will issue once infringe[*394]ment and validity have been adjudged.” 401 F. 3d, at 1338. The court further indicated that injunctions should be denied only in the “unusual” case, under “exceptional circumstances” and “‘in rare instances ... to protect the public interest.’” Id., at 1338-1339. Just as the District Court erred in its categorical denial of injunctive relief, the Court of Appeals erred in its categorical grant of such relief. Cf. Roche Products, Inc. v. Bolar Pharmaceutical Co., 733 F. 2d 858, 865 (CA Fed. 1984) (recognizing the “considerable discretion” district courts have “in determining whether the facts of a situation require it to issue an injunction”).
Because we conclude that neither court below correctly applied the traditional four-factor framework that governs the award of injunctive relief, we vacate the judgment of the Court of Appeals, so that the District Court may apply that framework in the first instance. In doing so, we take no position on whether permanent injunctive relief should or should not issue in this particular case, or indeed in any number of other disputes arising under the Patent Act. We hold only that the decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases governed by such standards.
Accordingly, we vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
It is so ordered.
EBay and Half.eom continue to challenge the validity of Mere-Exchange’s patent in proceedings pending before the United States Patent and Trademark Office.
Section 283 provides that “[t]he several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.”
Concurrence
with whom
Justice Scalia and Justice Ginsburg join, concurring.I agree with the Court’s holding that “the decision whether to grant or deny injunctive relief rests within the equitable discretion of the district courts, and that such discretion must be exercised consistent with traditional principles of equity, in patent disputes no less than in other cases[*395] governed by such standards,” ante, at 394, and I join the opinion of the Court. That opinion rightly rests on the proposition that “a major departure from the long tradition of equity practice should not be lightly implied.” Weinberger v. Romero-Barcelo, 456 U. S. 305, 320 (1982); see ante, at 391.
From at least the early 19th century, courts have granted injunctive relief upon a finding of infringement in the vast majority of patent cases. This “long tradition of equity practice” is not surprising, given the difficulty of protecting a right to exclude through monetary remedies that allow an infringer to use an invention against the patentee’s wishes— a difficulty that often implicates the first two factors of the traditional four-factor test. This historical practice, as the Court holds, does not entitle a patentee to a permanent injunction or justify a general rule that such injunctions should issue. The Federal Circuit itself so recognized in Roche Products, Inc. v. Bolar Pharmaceutical Co., 733 F. 2d 858, 865-867 (1984). At the same time, there is a difference between exercising equitable discretion pursuant to the established four-factor test and writing on an entirely clean slate. “Discretion is not whim, and limiting discretion according to legal standards helps promote the basic principle of justice that like cases should be decided alike.” Martin v. Franklin Capital Corp., 546 U. S. 132, 139 (2005). When it comes to discerning and applying those standards, in this area as others, “a page of history is worth a volume of logic.” New York Trust Co. v. Eisner, 256 U. S. 345, 349 (1921) (opinion for the Court by Holmes, J.).
Concurrence
with whom
Justice Stevens, Justice Souter, and Justice Breyer join, concurring.The Court is correct, in my view, to hold that courts should apply the well-established, four-factor test — without resort to categorical rules — in deciding whether to grant injunctive relief in patent cases. The Chief Justice is also correct[*396] that history may be instructive in applying this test. Ante, at 395 (concurring opinion). The traditional practice of issuing injunctions against patent infringers, however, does not seem to rest on “the difficulty of protecting a right to exclude through monetary remedies that allow an infringer to use an invention against the patentee’s wishes.” Ibid. (Roberts, C. J., concurring). Both the terms of the Patent Act and the traditional view of injunctive relief accept that the existence of a right to exclude does not dictate the remedy for a violation of that right. Ante, at 391-392 (opinion of the Court). To the extent earlier cases establish a pattern of granting an injunction against patent infringers almost as a matter of course, this pattern simply illustrates the result of the four-factor test in the contexts then prevalent. The lesson of the historical practice, therefore, is most helpful and instructive when the circumstances of a case bear substantial parallels to litigation the courts have confronted before.
In cases now arising trial courts should bear in mind that in many instances the nature of the patent being enforced and the economic function of the patent holder present considerations quite unlike earlier cases. An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead, primarily for obtaining licensing fees. See FTC, To Promote Innovation: The Proper Balance of Competition and Patent Law and Policy, ch. 3, pp. 38-39 (Oct. 2003), available at http://www.ftc.gov/ os/2003/10/innovationrpt.pdf (as visited May 11, 2006, and available in Clerk of Court’s case file). For these firms, an injunction, and the potentially serious sanctions arising from its violation, can be employed as a bargaining tool to charge exorbitant fees to companies that seek to buy licenses to practice the patent. See ibid. When the patented invention is but a small component of the product the companies seek to produce and the threat of an injunction is employed simply for undue leverage in negotiations, legal damages may well be sufficient to compensate for the infringement[*397] and an injunction may not serve the public interest. In addition injunctive relief may have different consequences for the burgeoning number of patents over business methods, which were not of much economic and legal significance in earlier times. The potential vagueness and suspect validity of some of these patents may affect the calculus under the four-factor test.
The equitable discretion over injunctions, granted by the Patent Act, is well suited to allow courts to adapt to the rapid technological and legal developments in the patent system. For these reasons it should be recognized that district courts must determine whether past practice fits the circumstances of the cases before them. With these observations, I join the opinion of the Court.