We began tracking application of the eBay decision in the Spring 2007 inaugural edition of our Intellectual Property Quarterly Newsletter, and this fifth installment of the "eBay Scorecard" is current through March 31, 2008. In this quarter, courts denied injunctions in all six cases where the courts considered the issue.
|
Plaintiff Practices Invention? |
Infringing Use Limited to Minor Component? |
Injunction Would Cause Public Harm? |
||||
|
Y |
N |
Y |
N |
Y |
N |
|
|
Total (January 1, 2008 through March 31, 2007) |
||||||
|
Injunctions Granted (0) |
0 |
0 |
0 |
0 |
0 |
0 |
|
Injunctions Denied (6) |
2 |
1 |
1 |
0 |
0 |
0 |
|
Cumulative Total (May 15, 2006 through March 31, 2008) |
||||||
|
Injunctions Granted (30) |
19 |
1 |
0 |
5 |
0 |
20 |
|
Injunctions Denied (14) |
3 |
6 |
3 |
2 |
4 |
1 |
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Morrison & Foerster LLP. All rights reserved
