Equitable Concerns of eBay v. Mercexchange: Did the Supreme Court Successfully Balance Patent Protection Against Patent Trolls?

Abstract

Within the past decade, companies seeking to purchase intellectual property for the purpose of generating licensing fees have become a major concern for U.S. businesses. These companies are often identified as “patent trolls,” and are perceived to take advantage of successful companies that utilize the technology by demanding often exorbitant licensing fees. The Supreme Court's recent decision in eBay v. Mercexchange rejected the “automatic injunction” rule and thus weakened one of the patent troll's leveraging tools, the permanent injunction.