eBay v. MercExchange (on remand to the CAFC).
In May, 2006, the U.S. Supreme Court decided the eBay case, holding simply that traditional equitable principles must be applied when determining whether to issue a permanent injunction against am adjudged infringer. That decision vacated both the district court’s decision (as over-broad) and the CAFC’s decision (as too narrow).
On July 6, 2006, the Federal Circuit issued an order (without opinion) sending the case all the way back down to the district court to determine whether, in light of the Supreme Court’s holding, MercExchange’s harm is sufficient to garner injunctive relief.



