Staffed with sophisticated and respected judges that understand the significance of intellectual property disputes, the District Court of New Jersey has long had one of the heaviest patent dockets in the country. On January 1, 2009, the New Jersey District Court took another step to make New Jersey the "go to" jurisdiction for patent litigation by formally...
Part I of this article described the four-factor test for granting an injunction for patent infringement, pointing out the nature of the parties and their relationship may be determinative of the court's willlingness to grant an injunction.
I. Location, Location, Location
A patent gives its owner the right to exclude others from making, using, selling, or offering to sell the patented invention.1 Historically, courts interpreted these rights to include granting injunctive relief to the patent owner unless exceptional circumstances apply.2 Since the United States Supreme Court's holding in eBay v.