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Judges Gaining More Power over Patent Cases

Judges are continuing to obtain more power over intellectual-property decisions affecting devices and other industries, MD&M East attendees learned last week. The U.S. Supreme Court recently ruled, in a case against eBay, that judges do not have to grant a permanent injunction to stop infringement even after finding a party guilty of it. All they are required to do is to make the party pay fees and damages to the patent holder, said patent attorney Steven J. Grossman, partner at Grossman, Tucker, Perreault & Pfleger, PLLC (Manchester, NH).

The high court found that a permanent injunction may not always be in the public interest, especially in cases where the patent holder does not manufacture the invention, nor intend to. This decision comes a few years after one that determined that the language in a patent should be interpreted by judges, not juries.

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