johnnymk

http://www.nytimes.com/2007/07/28/bu...html?th&emc=th


NORFOLK, Va., July 27 (AP) — A federal judge denied on Friday a request from a small Virginia company to stop the online auction powerhouse eBay from using its “Buy It Now” feature, which allows shoppers to purchase items at a fixed price.

Judge Jerome B. Friedman of Federal District Court denied a motion by the Virginia company, MercExchange, for a permanent injunction to stop eBay from using the feature. The Supreme Court ruled last year that, although eBay infringed upon MercExchange’s patent for the service, it was up to the lower court to decide whether eBay had to stop using it.

In his ruling, Judge Friedman said the company was not irreparably harmed because it continued to make money from its patents, either by licensing them outright or by threatening litigation against those it believed infringed upon them.

“MercExchange has utilized its patents as a sword to extract money rather than as a shield to protect its right to exclude or its market share, reputation, good will, or name recognition, as MercExchange appears to possess none of these,” he wrote.

A federal jury found in 2003 that eBay had infringed on MercExchange’s patent and awarded the company $35 million. The amount later was reduced to $25 million.

Greg Stillman, a lawyer for MercExchange, which is based in Great Falls., Va., called the opinion a double-edged sword.

“It was sort of good news, bad news for both sides,” Mr. Stillman said. He said he was sure that eBay was relieved not to be enjoined but that the judge “made it quite clear that they’re going to have to pay for that right.”

Catherine England, a spokeswoman for eBay, said the company was “extremely pleased” in the decision to deny the injunction.

In the closely watched case, the high court ruled that judges had flexibility in deciding whether to issue court orders barring continued use of a technology after juries found a patent violation. The decision threw out a ruling by a federal appeals court that said injunctions should be automatic unless exceptional circumstances applied.

The case became a rallying point for critics who argue that the federal patent system is riddled with abuse from small businesses that sue established companies to enforce patents for ideas that have never been developed into products.

InfiniteNothing

I'm no ebay fan but what a stupid patent.

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As for our common defense, we reject as false the choice between our safety and our ideals.

Thesifer

I hate when companies patent something as an Idea, but it's something so general like "Buy it now." I guess technically I could just think that because Ebay has used it for so long that I take it for granted.

But it seems a logical thing for them to have and use.

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ArkiStan

That company should look into patenting "Shut Up Right Now."

johnnymk

Funny!!

Agent Plissken

Dont overlook the fact that eBay is the devil...

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Dyin' ain't much of a living, boy

Jeffbx

Uh, I already own the rights to "Shut Up Right Now." I'm afraid I'm going to have to have my legal representitive get in touch with you for using my phrase. My business has been irreparably harmed because of your callous disregard for my patent.

Agent Plissken

I own the rights to "I'm afraid I'm going to have to have my legal representitive get in touch with you" so... I'm afraid I'm going to have to have my legal representitive get in touch with you.

johnnymk

I am in the process of suing Staples. I own the rights to "Taht Saw Ysae". Even though they reversed the saying, I caught on to their trick. Hence, the lawsuit.

ArkiStan

Well you all lose, cause I have the rights to, "Compliments of the Season. My name is prince Lucy Wisdom. I am a american but I am currently, with the business trip into Nigeria .I would like purchase your item immediately !! I will send $100 just for a shipping charge . "

All you money are belong to us.

Agent Plissken

You win.

boricua619`

go ebay

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Thesifer

Pretty soon someone is going to sue and say they have the rights to the idea of an "Auction" and no one can have one without paying them royalties.

Paymaster

Yeah, well... unfortunately, no one ever patented the wheel. I just filed my patent claim on it, so you had all better stop using wheels or I will sue you!

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"eh, take your opinion and shove it... somewhere else other than this thread" ~ welfareloser