The Study and Enligntment on the Permanent Injunction in Patent Infringement in U.S
Zhang Ling Jin Song
Some points of view hold that permanent injunction of patent infringement in the U.S. is the same as the cessation of infringement in China, so it is necessary to deeply explore the permanent injunction from legal, legislative, judicial perspectives and then understand its characteristics in the framework of the U.S. patent law. Different from preliminary injunction and temporary restraining order, permanent injunction is a relief granted the prevailing party after the court's final hearing on the merits. In judicial practice of the U.S., the Supreme Court emphasized the equitable nature of permanent injunction in the case of eBay, so it is necessary to apply the traditional "four-factor test" in permanent injunction relief. Our country's cessation of infringement is different from permanent injunction of the U.S., but we shall refer to the beneficial of permanent injunction. We should breakthrough "the doctrine of universal application of cessation of infringement", construct flexible applicable rule of cessation of infringement, suppress the "patent toll" and crack "the tragedy of Anti-commons".