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Posted at January 30, 2006, 11:00 am: In a case to be heard by the US Supreme Court, eBay is trying to alter the requirements for injunctions to be granted under US patent law. The current law (which did not originate with the MercExchange v. eBay case) states that once a patent is found VALID and INFRINGED, an injunction will issue, absent exceptional circumstances. In non-patent areas, a court will engage in a balancing of hardships, but this is not done in patent areas. The Supreme Court asked for briefing on a 1908 Supreme Court case (Continental Paper) concerning the issue of whether a patentee who does not make or use the items in the claims of a patent can still can injunctive relief. In 1908 (and since), the answer has been yes. In eBay's brief, there is a ridiculous assertion that the US Patent Office grants patents on 97% of patent applications submitted. This is is not true. eBay's argument is that since virtually "anything can be patented," it is wrong to grant injunctions as a routine matter of course. Aside from the argument being based on a falsity, the argument is irrelevant to the case, because the lower court (the Court of Appeals for the Federal Circuit) required that the patent be VALID before an injunction would issue. If there were an obviously bad patent, the court would find it INVALID and no injunction would issue. Ironically, rather than showing that the USPTO grants patents on almost everything, the eBay brief stands for the proposition that almost anything, however untrue, can be submitted to the Supreme Court. More details on the case can be found on Patently O (see news story on auctionbytes) and on IPBiz.blogspot.com. Original of the message was taken from http://www.auctionbytes.com/forum/phpBB/ Replies:Pretty strange.Wouldn't you think that eBay would not contest the court ruling as the... Other Topics of AuctionBytes:Western Union Log In?Paypal Transaction History Unavailable What is this catagory for? Over 50 Records for Sale, all very cheap! Auditor Resigns Over Nondisclosures By Bidville WHY I DO NOT GIVE ONLINE APPRAISALS E-gold Bug Scripting. Very dangerous for admin Question on fulfillment pricing Font Sizes on the eBay Chat Boards Question for XPPMan This is Why You Should Wait for eChecks to Clear Help! I've got records! Where to get items for auction listing? Lion Pin ID New Auction Site Looking For Input Help! Just opened online eshop with no business Marwood Pottery? New Mall Open! Where do power sellers on ebay buy there products? The Global Leading Publisher of Historical, Maps and Prints Looking for Mister Lister Composer EBay Experiencing Technical Issues - 1/26/03 Check out this Ebay Auction Builder !!! Slip Tops Lets Play...NAME THAT LACE!!!!!!! Elvis Records? Where to sell the whole lot pope john paul ii chicken breast on ebay? Facets? Records not believed to exist American Ceramics from Depression era Polish Historians? Live Online Auctions, anyone? Bulk Lister script Can anyone identify this saucer? Best way for photo How can anybody do this? MyStoreCredit Response Where to find a chart of the Jan. 2003 UPS rates? i just cant seem to break into the big time conflicting info about listing fees on auction site can youhelpme identify these? Victor talking machine 78 holders 2 Questions: ID Help, and Petit Point Cleaning ? Vineland High School 1976 Belt Buckles? Statistics on live-auctioning platforms A CNBC producer looking to hear from people ................ |