The Thinking Of The American Case Of Ebay V. MercExchange

In the traditional American law case of patent infringing, as if infringe is available, court will issue permanent injunction, avoid of infringing again. But in the case of Ebay v. MercExchange, American court did not do like this. Although infringe is available, the district court did not issue the permanent injunction. It seems to violate the tradition. The Circuit Court of Appeals realized it and overturned the decisions which decided by the district court. Than the case is up to the American supreme-court, which rejected the decision decided by the Circuit Court of Appeals as to the difference of understanding traditional four principles. From the second decision decided by the Circuit Court of Appeals to the supreme -court decided by itself after second decision, the American public always pay attention to it.The article starts from analyzing it, focusing on the injunction to research. The first two parts of the case described the impact happened in America. Through summing up the case, the third part of the article naturally transfer to its development, its specific use and its limitation in China. The author expresses his opinion about injunction from the substantive and procedural aspects in the fourth part of the article according to China's national condition: how to perfect the injunction institution.