Article I, section 8 of the Constitution promotes progress in the arts and sciences by granting inventors exclusive right to their discoveries for a limited time. For almost 100 years, courts have recognized the patentee’s right to exclude others from making and using the patented invention as the fundamental right bestowed by a patent, and have protected that right using injunctive relief. In MercExchange, L.L.C. v. eBay, Inc., the Federal Circuit Court of Appeals considered whether MercExchange, L.L.C. (MercExchange)
could enjoin eBay, Inc. (eBay) from continued use of methods covered by MercExchange’s patents. The court reversed the district courts denial of MercExchange’s motion for injunctive relief, holding that a patent presumptively entitles the patentee to injunctive relief against infringers of his patented invention, unless it would cause significant public harm. . . .
