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

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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.

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