February 29, 2008

It was announced on Thursday that eBay, Inc., and MercExchange have settled their patent dispute that began back in 2001. According to the Washington Post news article (link below), eBay agreed in the settlement to purchase three patents from MercExchange and licensing other technologies which collectively allow eBay to continue to offer a number of fixed-price purchase options on its top online auction website. As noted within the Jayed.us article (link below), “A jury ruled in MercExchange’s favor in 2003, awarding $35 million in damages,” which was reduced by a judge to $25M and subsequently increased to $30M because of interest. This dispute eventually ended up in the U.S. Supreme Court, which ruled (opinion link below) that an injunction is not automatic just because an infringement of a patent has occurred. eBay issued a press release as well (link below), stating that "[w]e're pleased to have been able to reach a settlement with MercExchange," and that “[i]n addition to resolving the litigation, this settlement gives us access to additional intellectual property that will help improve and further secure our marketplaces."

Washington Post News Article: LINK
Jayed.us Article: LINK
U.S. Supreme Court Decision (PDF): LINK
MercExchange Patent Descriptions: LINK
eBay Press Release: LINK

0 comments:

Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees

Disclaimer

Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author





Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

Click HERE to view my full professional bio at Reichel IP LLC.


There was an error in this gadget

Subscribe/Feedback

Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)