US Federal Circuit extends eBay irreparable harm rule to preliminary injunctions
By Nick Robertson ( August 10, 2026, 18:26 GMT | Insight) -- The US Court of Appeals for the Federal Circuit clarified last week that the prohibition on presuming irreparable harm for permanent injunctions under eBay v. MercExchange and subsequent Federal Circuit precedent also applies to preliminary injunctions in patent cases.The US Court of Appeals for the Federal Circuit vacated a preliminary injunction in a patent infringement case last week, holding that the bar on the presumption of irreperable harm for a permanent injunction also extends to preliminary injunctions....
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