EBAY INC. v. MERCEXCHANGE, L. L.

No. 05-130.

547 U.S. 388 (2006)

EBAY INC. et al. v. MERCEXCHANGE, L. L. C.

Supreme Court of United States.

Decided May 15, 2006.


Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioners. With him on the briefs were Richard D. Bernstein, Virginia A. Seitz, and Allan M. Soobert.

Jeffrey P. Minear argued the cause for the United States as amicus curiae in support of respondent. With him on the brief were Solicitor General Clement, Assistant Attorney General Barnett, Acting Assistant Attorney General Katsas, Deputy Solicitor General Hungar, Anthony J. Steinmeyer, David Seidman, Mark R. Freeman, John M. Whealan, Cynthia C. Lynch, and Heather F. Auyang.

Seth P. Waxman argued the cause for respondent. With him on the brief were Paul R. Q. Wolfson, Scott L. Robertson, Gregory N. Stillman, Jennifer A. Albert, David M. Young, and Brian M. Buroker.*


JUSTICE THOMAS 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...

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