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To enable a patentee to protect his "right to exclude others from making, using, or selling" 1 his invention, Congress has granted him a "remedy by civil action for infringement" 2 in the federal courts. During the course of litigation, these courts "may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable," 3 including temporary relief to the patentee. 4 The granting of temporary injunctive relief on the basis of incomplete facts may often settle the ultimate issues immediately and cause irreparable injury to the enjoined party.5 If a temporary injunction is unwarranted, a few years will probably elapse before final determination that the injunction was improvidently granted.6 By this time, the alleged infringer's loss of competitive advantage over the patentee may be incapable of repair by money damages.7 On the other hand, irreparable injury may befall the charging party if the temporary injunction is not issued. For example, the delay until trial on the merits can encourage willful infringement of a patent near its expiration date, irreparably injuring a patentee by shortening his patent's effective life. A similar effect occurs if the patent's primary utility lies in its first few years of existence. The American patent system gives all inventors the same "reward" of a seventeen year monopoly irrespective of the extent of contribution or the stimulus needed to induce invention or exploitation. Courts must grant or deny injunctions for the entire term even if their own political and economic predilections favor a standard of invention that would result in fewer patent monopolies.9 This judicial dilemma may at times lead to unnecessary in-

Injunctive Relief in Patent Infringement Suits