Supreme Court Docket Report – 2005 Term, No. 5

Originally published November 28, 2005

Recently the Supreme Court granted certiorari in three cases of interest to the business community. Amicus briefs in support of the petitioners will be due on January 12, 2006, and amicus briefs in support of the respondents will be due on February 16, 2006.

1. Patent Law—Injunction As Appropriate Remedy Against Willful Infringement.

U.S. patent law provides a panoply of remedies to redress patent infringement, including injunctive relief. 35 U.S.C. § 283. Section 283 specifies that courts "may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent * * *." Id. The Supreme Court granted certiorari in eBay, Inc. v. MercExchange, L.L.C., No. 05-130, to decide whether the Federal Circuit—the only circuit court to hear patent appeals—erred in setting forth a "general rule" that, absent exceptional circumstances, a permanent injunction must be issued after a finding of infringement.