Saturday, December 20, 2014
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
Kodak Returns To CES With Consumer Product Line
North Korea Suggests Joint Inverstigation With U.S. Over Sony Hacking
T-Mobile to Pay $90 Million To Settle Case With FCC
New Trojan Targetted Banks Wordlwide
FBI Confirms North Korea Was Behind Sony Hack
Apple Responds To BBC's Allegations Over Working Conditions In Chinese Factory
BlackBerry Returns To Cash Flow
Comparison: Quantum Dot Vs. OLED Displays
Active Discussions
Digital Audio Extraction and Plextools
Will there be any trade in scheme for the coming PSP Go?
Hello, Glad to be Aboard!!!
Best optical drive for ripping CD's? My LG 4163B is mediocre.
Hi All!
cdrw trouble
CDR for car Sat Nav
DVD/DL for Optiarc 7191S at 8X
 Home > News > General Computing > Patent ...
Last 7 Days News : SU MO TU WE TH FR SA All News

Thursday, March 30, 2006
Patent System Questionned in eBay Case


In the eBay versus MercExchange case, some U.S. Supreme Court justices suggested on Wednesday that the patent at the heart of the suit may be too vague and trivial to even be taken seriously.

Patent holder and small U.S, technology firm, MercExchange sued eBay in September 2001, accusing it of patent infringement through the "Buy it Now" feature, which allows shoppers to stop the auction process and purchase items at a fixed price.

A federal appeals court sided with MercExchange and granted it an injunction against eBay. The injunction is currently on hold as online auction house eBay is threatened to have one of its core services to shut down.

During the oral argument at the Supreme Court, chief Justice John Roberts drew laughter from the court audience when he made a quip about his interpretation of MercExchange's patent.

"It's displaying pictures of your wares on a computer monitor and picking the ones you want. I might be able to do that.It's very vague." he said.

eBay argues that judges should be able to deny injunctions in patent cases and instead choose to fine the perpetrator. The current threat of having their services immediately closed down if they are found guilty of patent abuse is unfair, according to the company.

It further adds that it leaves large technology companies such as itself open to victimisation and attack from small "patent trolls", who use the threat of immediate shutdown orders to force out-of-court settlements for huge sums of money.

Not all justices expressed skepticism about the patent though. Justice Antonin Scalia for instance, questioned eBay's argument that companies should be treated differently if they don't actually use the patents they own in business just like MercExchange.

"Why should we draw a distinction between the solo inventor who needs a patent speculation firm to market his invention and somebody else?" Scalia asked. "We're talking about a property right here, and a property right is the exclusive right to exclude others. That's what a patent right is ... give me my property back."

The lawsuit is part of a broader debate over the future of the U.S. patent system,involving the software and pharmaceutical industries as a verdict in favour of eBay would set a new precedent.

ebay claims that since the first 2003 court case it has sufficiently altered its "Buy it Now" tool to avoid breaching MercExchange's patents, but it remains to be seen what will be the final verdict of the Supreme Court that scheduled for June.


Previous
Next
Double Layer DVD+RW Media Closer to Production        All News        Volume Limits on New iPod Software
Apple Ships Final Cut Studio 5.1     General Computing News      Western Digital Offers 6GB Pocket Drive

Get RSS feed Easy Print E-Mail this Message

Related News
eBay Asks Users To Change Passwords
AMD Rumored To Work With Toshiba On Radeon SSDs
Icahn Ends Pressure On eBay Over Paypal
Icann Calls eBay Governance 'Dysfunctional'
eBay to Acquire Braintree
Ebay Same-day Delivery Expanded
eBay To Open Interactive Storefronts
New Logo For eBay
eBay Acquires BillSAFE
eBay Launches Open Commerce Ecosystem, Partners With Facebook
eBay to Acquire Zong
EBay Takes On Amazon.com With Proposed GSI Commerce Acquisition

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2014 - All rights reserved -
Privacy policy - Contact Us .