Volume V

Issue : 13: June 28, 2007

• Dutch Police Make Arrests for Suspected Internet Fraud
• eBay Facing Injunction Over "Buy it Now"
• Court Upholds Injunction Against Warrantless Email Seizures
• 2006 Commissioners Report on PIPEDA Finds Increase in Complaints
• U.S. Online Gaming Ban Leads to $3.4 Billion Compensation Claim by Antigua
• Suit Targets Anonymous Discussion Board Postings
• Swedish Appeals Court Finds Music File sharing Illegal
• FBI Internal Audit Finds Extensive Breach of Intelligence Gathering Rules
• U.S. Court of Appeals Rules that Criminalizing Bootlegging is Constitutional

Home > Volume V > Issue 13: June 28, 2007 > eBay Facing Injunction Over "Buy it Now"

eBay Facing Injunction Over "Buy it Now"

Though MercExchange LLC successfully sued eBay for patent infringement and obtained a monetary award in 2003, in a much-anticipated decision in 2006, the U.S. Supreme Court determined that a permanent injunction will not necessarily issue upon a finding of infringement in patent cases. Now, MercExchange has re-launched its attack on eBay’s service seeking an injunction prohibiting eBay from continuing to use the “Buy-it-Now” function, which permits customers to buy an item in an auction at a fixed price before the auction closes.

The request for the injunction comes as the two parties wait for the United States Patent and Trademark Office to re-examine two of MercExchange’s patents. Notwithstanding the previous ruling that permanent injunction may not necessarily be issued, MercExchange has asked for an increase in damages in view of the continued use of the service by eBay in the four years following the damages award at trial. The court has said it will not immediately rule on the injunction matter but has asked for eBay’s comments on wording for the order.

For additional information, visit:

http://www.theregister.co.uk/2007/06/13/mercexchange_ebay_injunction/