US Supreme Court to Review MercExchange V. eBay - Auction Giant Demands Compulsory License for Patented Technology.WASHINGTON -- The U.S. Supreme Court today accepted eBay's writ of certiorari Noun 1. writ of certiorari - a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case certiorari judicial writ, writ - (law) a legal document issued by a court or judicial officer to review the Federal Circuit's decision to grant a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. to MercExchange that addresses all of eBay's fixed price and "Buy it Now" sales, currently in excess of one-third of its total revenues. "MercExchange remains confident in its view that it will ultimately prevail in its struggle against this infringer," said Scott Robertson Scott Robertson may be:
tr.v. o·ver·ruled, o·ver·rul·ing, o·ver·rules 1. a. To disallow the action or arguments of, especially by virtue of higher authority: long-established legal precedent, we look forward to the consideration of the Supreme Court in this matter. In 2003, the District Court found eBay to be infringing upon MercExchange's patents, awarding $35 million in damages, but declined to issue an injunction against eBay. On appeal, the Court of Appeals for the Federal Circuit reversed, finding that, absent exceptional circumstances, a district court should issue a permanent injunction after a finding of infringement and awarded MercExchange $25 million in damages. In July 2005, eBay filed a petition for a writ of certiorari asking the Supreme Court to review the Federal Circuit's decision. "Today's ruling does nothing that effects the validity or infringement of the patents in suit. By admitting to the infringement in their Supreme Court petition, eBay abandoned any pretense of innocence," said Robertson. "The bottom line is whether we will be able to obtain a permanent injunction on eBay's buy-it now operations or whether the court will force a compulsory license." About MercExchange MercExchange LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control , was founded in 1995 to improve businesses through the application of new digital technologies, especially in networked environments. MercExchange has been awarded several key patents involving the conduct of internet-based auctions and markets. The inventions and supporting intellectual property cover a range of applications; for additional information visit www.MercExchange.com. About Hunton & Williams Hunton & Williams LLP LLP - Lower Layer Protocol provides legal services legal services n. the work performed by a lawyer for a client. to corporations, financial institutions, governments and individuals as well as a broad array of other entities. Since its establishment in 1901, Hunton & Williams has grown to more than 850 attorneys serving clients in 100 countries from 16 offices around the world. While Hunton & Williams' practice has a particular emphasis on commercial litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , corporate and structured finance, corporate transactions, energy and environmental law, government relations and intellectual property, the firm's depth and breath of experience extends to more than 60 separate practice areas. |
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