If I understand this correctly, eBay may still lose this court battle regarding ’Buy It Now’ technology.
A U.S. Supreme Court ruling Monday favoring eBay Inc. in a patent dispute won praise from some technology vendors, but some intellectual property lawyers questioned the long-term effects of the decision.
The Supreme Court set aside a lower court’s decision to issue an injunction against eBay using its “buy it now� auction feature, after a jury in May 2003 found that eBay had infringed the patent of another auction site.
The Supreme Court unanimously ruled against the U.S. Court of Appeals for the Federal Circuit’s practice of granting near-automatic injunctions in patent infringement cases. But it also ruled that a lower court had used flawed judgment when it refused to grant an injunction requested by patent holder MercExchange LLC.
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