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Journal of Intellectual Property Law & Practice Advance Access published online on November 15, 2006
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpl182
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© The Author (2006). Published by Oxford University Press. All rights reserved.

Current Intelligence

Court finds software patent wilfully infringed but refuses to enjoin the infringement

Dennis Crouch 1
1 Visiting Assistant Professor, Boston University Law School of Counsel, McDonnell, Boehnen, Hulbert, and Berghoff LLP, www.patentlyo.com


  Abstract

In the wake of the US Supreme Court's recent decision in eBay v MercExchange, a Texas district court has refused to enjoin Microsoft's ongoing patent infringement, holding that no presumption of irreparable injury should be given to the patentee even when the patent is upheld by a jury and is found to be wilfully infringed.


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