Supreme Court faces patent questions in eBay

Published March 4th, 2006


Auction giant eBay and networking-systems developer MercExchange are scheduled to appear before the justices on March 29 to present arguments related to a long-running dispute. In 2003, a federal jury found eBay guilty of willfully infringing on two MercExchange patents related to its “Buy It Now” feature, which lets shoppers purchase items without participating in an auction, and ordered it to pay $25 million in damages.

The high court won’t be dealing with the facts of the case. Instead, it will be addressing a broader question: Under what circumstances is it appropriate for a court to issue a permanent injunction–that is, a prohibition against using the patents in question–against an entity found guilty of patent infringement?

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