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July 30, 2009
Will the Supreme Court stem the antipatent tide?
...2006 Supreme court decision in Ebay v. MercExchange , (against which...damages. A year later in KSR v. Teleflex the Court made it easier...decision In re Seagate Tech. , LLC, toughened the standards needed to...adopted in the 1980 case of Diamond v. Chahkabarty , which said...Federal Circuit on the ground that Ebay, KSR, and Seagate now stand... By Richard Epstein
April 21, 2008
Special patent pleaders
...revived, is a stark warning sign as to how far off the rails patent policy can go. The notorious 2006 Supreme Court decision in Ebay v MercExchange started the ball rolling by undermining the ability of private patentees to gain injunctive relief as a matter... By Richard Epstein
March 31, 2009
The unravelling of patents in the US
...the Supreme Court of the United States in Ebay v. MercExchange, in thinking that the recognition...foster. To avoid that disruption, the Ebay Court required a more complete examination...its patent rights. Unfortunately, as Ebay is read today, the ability to obtain injunctive... By Richard Epstein
July 19, 2006
Patent’s downward spiral
...Court was its short and uninformative decision in Ebay v. MercExchange. Ebay’s bottom line was that the right to exclude in...Supreme Court in the coming October term. MedImmune Inc. v. Genentech, Inc. has an enormous bearing on the... By Richard A. Epstein
April 3, 2006
Richard A. Epstein: Trolling for (patent) trouble
Everyone agrees that MercExchange vs eBay before the United States Supreme Court is...recently, the debate over injunctions in eBay has honed in on one critical...Supreme Court in Illinois Tool Works, Inc. v. Independent Ink, Inc. rejected the presumption that patents...1908 rule in Continental Paper Bag Co. v. Eastern Paper Bag Co.? That...design might cure. But nothing in the eBay v. MercExchange case frames the issue... By Richard A. Epstein
October 24, 2007
A dangerous one-two punch
...after the US Supreme Court’s 2006 decision in Ebay v. MercExchange. Before Ebay altered the legal landscape, the standard remedy...that would dampen patent innovation on the heels of Ebay. The current law states that damage awards should... By Richard Epstein
August 15, 2007
Two minds on injunctive relief
...Commission in the long-standing Broadcom v Qualcomm dispute. As most IP aficionados...Supreme Court’s enigmatic 2006 decision in Ebay v MercExchange, which cast grave doubt on...the injunction, was the attitude. After Ebay, that get tough attitude seems to have... By Richard Epstein
March 16, 2006
Get it now from Ebay, hostage to the patent trolls
...determine prosperity. The case involves Ebay, the online auction giant - in particular...before the Supreme Court on March 29 in Ebay v MercExchange: should courts have discretion...unwittingly, infringing their patents? Ebay lost a lawsuit brought by MercExchange... By Patti Waldmeir
March 15, 2006
Get it now from Ebay, hostage to the patent trolls
...determine prosperity. The case involves Ebay, the online auction giant – in particular...before the Supreme Court on March 29 in Ebay v MercExchange: should courts have discretion...unwittingly, infringing their patents? Ebay lost a lawsuit brought by MercExchange... By Patti Waldmeir
January 21, 2010
Christmas shoppers boost Ebay
Ebay’s fourth-quarter revenues rose 16 per...in online Christmas holiday shopping helped Ebay beat analysts’ estimates, as fourth-quarter...1.36bn for the quarter, suggesting that Ebay’s long efforts to turn its fortunes around... By David Gelles in San Francisco