10 Years Later – Impact of eBay on Patent Injunctions in the Life Sciences

May 15, 2016, marked the 10th anniversary of the landmark eBay v. MercExchange decision, in which the U.S. Supreme Court held that permanent injunctions are not granted automatically in patent cases and that the traditional four-factor injunction test applies instead. ¹eBay Inc. v. MercExchange LLC, 547 U.S. 38811 ECLR 565, 5/17/06, 7 CTLR 221, 5/19/06, 94 PTD, 5/16/06, 94 E-Commerce Law Daily, 5/16/06, 94 DER A-1, 5/16/06, 72 PTCJ 50, 5/19/06. For the life sciences industry, where the cost of developing and bringing to market a new drug or biologic may exceed $2.5 billion and the cost of developing and bringing to ...