No one predicted that the patent battle between eBay and MercExchange would end up in the highest court of the land, especially when a jury found two years ago that eBay had willfully infringed on MercExchanges' patents. However, the two parties will square off in Washington before the High Court likely in March or April of next year.

While you may not see announcements and press statements from eBay and MercExchange, battles are being waged behind the scenes. Lawyers on both sides are scrambling to prepare, and MercExchange recently hired a top Supreme Court and appellate advocate.

The stakes are high not only for the companies involved in this case, but for companies and patent-holders everywhere. Since 1908, injunctions have been issued against patent infringers, barring the public interest, and give teeth to the patent-holder's right to license. Now that injuctions are in jeopardy, hundreds of amicus briefs are expected to be filed on behalf of both parties.

It's also likely we'll see more articles in the press weighing in on one side or the other, such as the one in today's Financial Times newspaper (http://news.ft.com/cms/s/c96aea22-721b-11da-9ff7-0000779e2340.html). When the stakes are high, the battle often wages on the public relations field, too.