Mises Wire

Shaping “Nuanced” Patent Injunctions

Shaping “Nuanced” Patent Injunctions

See the Patently-O post Shaping Nuanced Patent Injunctions: Broadcom v. Qualcomm, discussing a case in which the Federal Circuit “affirmed a permanent injunction against Qualcomm - finding that the district court acted within its equitable discretion and properly followed the injunctive relief guidelines set forth by the Supreme Court in eBay v. MercExchange (2006).”

The post notes: “This decision is insightful in how it moves the proper focus from whether an injunction should issue to the more nuanced issues of how to shape the injunction in a way that best serves the public interest while still protecting property rights.”

Hmm, public interest “versus” property rights? How anyone can think patent law is compatible with property rights is beyond me.

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