I brevetti ecosostenibili e la giurisprudenza delle corti distrettuali statunitensi dopo eBay v. MercExchange (2006)

After the U.S. Supreme Court’s ruling in eBay v. MercExchange (2006), which applied the four-factor test to permanent injunctions for patent infringements, district courts in many cases refused to issue such orders as they conflicted with the public interest, one of the four factors. Although the idea that exalts the exclusivity of the patent predominates in the United States, there are cases of its attenuation to protect non-economic interests of the community. In this context, the article firstly analyses the reasons that have led district courts to consider public interest in decisions on permanent injunctions. Secondly, through the critical analysis of some decisions on eco-sustainable patent infringements, the article examines the relevance of the environmental issue in the public interest factor.