THE LATEST ON BLACKBERRYS AND PATENT INJUNCTIONS

In an article published March 14, 2006 in the New York Law Journal, Peter J. Pizzi, a partner in Connell Foley’s Internet and Information Law group, explains that fanfare about patents essential to tens of thousands of Blackberry users may spur a dialogue about public interest factors courts are to consider in deciding whether to grant an injunction against patent infringement.

Postscript: On May 15, 2006, the U.S. Supreme Court decided eBay v. MercExchange, ___ U.S. ___, No. 05–131 (2006), holding that an injunction is not automatically required whenever infringement is found.  The opinion is available here.  The decision in eBay will likely give defendants greater confidence in resisting infringement claims brought by plaintiffs that do not in fact practice the patent in suit.

For more information about IP litigation or the firm’s practice, please contact Peter Pizzi directly at ppizzi@connellfoley.com or (973) 533-4221.

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