The Internet is, at its core, a system of knowledge consisting of files stored on computers that are linked and made accessible to the public by URLs. The Fifth Circuit recently addressed the balance of making knowledge accessible and protecting the rights of copyright owners. In Emmerich Newspapers, Inc. v. Particle Media, Inc. (d/b/a Newsbreak) … Continue Reading
Background Until 2006, district courts routinely granted permanent injunctions, along with damages, to prevailing patent owners after trial on the grounds that irreparable harm was presumed. The Supreme Court’s decision in eBay v. MercExchange, L.L.C., 547 U.S. 388, 393–94 (2006), represented a sea-change in patent infringement litigation. The decision abolished the presumption of irreparable harm … Continue Reading
