To the extent that courts will follow eBay and give due weight to the four factor test before awarding an injunction, eBay possesses the potential to address the problem of vague rules by diminishing the incentive to sue "[w]hen the patented invention [or copyrighted work] is but a small component of the product the companies seek to produce and the threat of an injunction is employed simply for undue leverage in negotiations" (eBay, Kennedy, J., concurring). [read post]