Ebay Inc. v. Mercexchange, L. L. C. — Kennedy, J., Concurring

Summary

Justice Kennedy concurs, agreeing courts should apply the four-factor test without categorical rules. He notes historical practice informs the test but warns against injunctions as bargaining tools in modern licensing-focused industries and business method patents. He emphasizes equitable discretion under the Patent Act. Justice Roberts concurred separately, emphasizing the long tradition of equity practice.