Brief Amicus Curiae of Intellectual Property Professors in Support of Petition for Certiorari in Samsung v. Apple

Abstract

eBay Inc. v. MercExchange, L.L.C, 547 U.S. 388, 394 (2006) held that that courts should apply the traditional four-factor test when deciding whether to issue a permanent injunction to a prevailing patentee. Certiorari should be granted in this case because the Federal Circuit’s decision dilutes the eBay test by allowing its irreparable harm factor to be satisfied when a patentee merely shows “some connection” between the patented feature and demand for the infringing products. Since the existence of “some connection” does not establish any (let alone, irreparable) harm stemming from the infringement, this Court should instruct the Federal Circuit to require actual proof of causation when applying the irreparable harm factor of the eBay test.