Court finds software patent wilfully infringed but refuses to enjoin the infringement |
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| Authors: | Crouch Dennis |
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| Affiliation: | Visiting Assistant Professor, Boston University Law School of Counsel McDonnell, Boehnen, Hulbert, and Berghoff LLPwww.patentlyo.com |
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| Abstract: | In the wake of the US Supreme Court's recent decision in eBayv MercExchange, a Texas district court has refused to enjoinMicrosoft's ongoing patent infringement, holding that no presumptionof irreparable injury should be given to the patentee even whenthe patent is upheld by a jury and is found to be wilfully infringed. |
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