'CSIRO V. Buffalo Technology': A Permanent Injunction Trump Card For Patent Trolls?
Mondaq Business Briefing › United States Law Articles in English (2007)
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'CSIRO V. Buffalo Technology': A Permanent Injunction Trump Card For Patent Trolls?
The recent decision in CSIRO v. Buffalo Technology, Inc. just might have been the trump card traditional patent trolls could use to visit the permanent injunction promised land. 2007 U.S. Dist. LEXIS 43832 (E.D. Tex. Jun. 15, 2007). Unfortunately for the trolls, however, the impact of this decision will not be as far-reaching and applicable to their business models as they might hope.
Background - eBay v. MercExchange The patent injunction issue has been widely discussed since the U.S. Supreme Court considered it last year. In eBay v. MercExchange, 126 S.Ct. 1837 (2006), MercExchange was a patent-holding and non-manufacturing entity that held a business-method patent for an electronic market designed to facilitate the sale of goods between consumers. In this case, the U.S. Supreme Court ultimately decided that patent litigation is no different than any other case in which a permanent injunction is sought, and as a result, held that a permanent injunction's propriety should be judged according to the well-established p...See the full content of this document
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