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Fordham Law R eview Volume 80 | Issue 5 Article 6 2012 Reconciling Federal Circuit Choice of Law witheBay v. MercExchange’s Abrogation of the Presumption of Irreparable Harm in Copyright Preliminary Injunctions Erin V. Klewin R comm nd d Citation Erin V. Kl win, Reconciling Federal Circuit Choice of Law witheBay v. MercExchange’s Abrog ation of the Presump tion of Irreparable Harm in Copy rig ht Preliminary I njunctions, 80 Fordham L. R v. 2113 (2012). Available at : http://ir.lawn t.fordham. du/flr/vol80/iss5/6 This Note is brought to you for fr e and op n acc ss by FLASH: The Fordham Law Archive of Scholarship and History. It has b n acc pt d for inclusion in Fordham Law R vi w by an authoriz d administrator of FLASH: The Fordham Law Archive of Scholarship and History. For mor information, pl ase contact tm lnick@law.fordham. du. RECONCILING FEDERAL CIRCUIT CHOICE OF LAW WITH EBAY V. MERCEXCHANGE ’S ABROGATION OF THE PRESUMPTION OF IRREPARABLE HARM IN COPYRIGHT PRELIMINARY INJUNCTIONS Erin V. Klewin* In 2006, the U.S. Supreme Court’s decision in eBay, Inc. v. MercExchange, L.L.C. did more than establish the four-factor test that courts must utilize when determining whether to grant permanent injunctions for patent infringement. It also spawned a movement among lower courts to abandon the judicially created and sometimes-criticized practice of presuming the most important factor of the injunction analysis— irreparable harm—upon a showing of patent or copyright infringement. Over the past several decades, presuming such harm routinely permitted courts to automatically grant preliminary in