First eBay progeny arrives - money is enough

Dennis Crouch has a detailed analysis of what appears to be the first denial of injunctive relief under the guidance of eBay v. MercExchange. Approximately one month after the Supreme Court issued it’s decision, Judge Leonard Davis of the Eastern District of Texas issued an order denying a permanent injunction following a finding of infringement and survival of a validity challenge. Quite appropriately, Microsoft is the benefactor of eBay’s first progeny.