Traditional Principles of Equity Acknowledge that Ongoing Infringement is an Irreparable Harm
Briefly

The Supreme Court's decision in eBay v. MercExchange drastically redefined patent rights by removing assumptions of irreparable harm in patent infringement cases, enhancing judicial discretion.
In the wake of eBay, courts no longer presume irreparable harm from patent infringement, fundamentally altering the approach toward granting injunctions in patent cases going forward.
The appeal in VidStream LLC v. Twitter, Inc. seeks to reclaim the traditional understanding of irreparable harm in patent law, arguing that infringement should inherently imply such harm.
The district court's ruling in VidStream's case highlights the challenges faced by non-practicing entities in proving irreparable harm, particularly following the eBay ruling.
Read at Patently-O
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