728_header.jpg (23748 bytes)
 Home   EB Blog   AB Blog   Letters   Podcasts   ABTV   Forums   EPIS   PR Service   Classifieds   Ecommerce EKG   Service Ratings   
  Subscribe    RSS Feeds    Twitter        Contact Us  Web Site  
Service Ratings 
   Auction Sites
   FP Marketplaces
   Inventory Management
   Payment Services
   Storefronts & Carts
   Sniping Services
   Wholesale/Dropshipping
   Email List Hosting
   Consignment Services
   Ecommerce EKG 
   Auction Calendar
   Collectors' Links
   eBay Promo History
   Bookshelf
   Fraud Resources
   Drop-Off Store Laws
   ABTV
   Ecommerce Resources
   Photo Tips
   Marketing Inserts
   Yellow Pages
   Advertising

EcommerceBytes-NewsFlash, Number 1683 - December 12, 2007 - ISSN 1539-5065     | Next
eBay Must Fork over Damages in MercExchange Patent Case
By Ina Steiner
EcommerceBytes.com
December 12, 2007




The Federal District Court in Norfolk, Virginia, has entered a final judgment on damages relating to the patent lawsuit against eBay. In May 2003, a jury ruled eBay guilty of willful infringement of MercExchange's '265 patent and awarded damages. On December 11, 2007, Judge Friedman granted MercExchange's motion to certify the judgement.

"Accordingly, finding that judgment as to the validity of the '265 patent and its infringement by the defendants is final, and in light of the fact that no just reason for delay exists, the court orders that judgment be entered on the verdict with respect to the '265 patent, with approprite prejudgment and postjudgment interest as set forth previously by this court."

In a press statement issued Wednesday morning, MercExchange said the amount of the judgement, with interest, is approximately $30 million. eBay had previously amended its second quarter 2003 results to reflect an operating charge in the amount of $30 million.

The court must still rule on whether eBay continues to infringe MercExchange's patents and what damages would be awarded if so. MercExchange is appealing the court's denial of an injunction against eBay fixed-price sales, which make up about 40 percent of eBay's Gross Merchandise Volume. Tuesday's ruling is one small chapter in the epic battle between the two companies that made it all the way to the Supreme Court of the United States.

http://www.auctionbytes.com/cab/pages/patent

You may quote up to 50 words of any article on the condition that you attribute the article to EcommerceBytes.com and either link to the original article or to www.EcommerceBytes.com.
All other use is prohibited.

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon Sign up for our Email Newsletters

Email this story to a friend.

| Next

 EcommerceBytes Blog 
 AuctionBytes Blog 
 Letters to the Editor 
Related Stories 
Related Stories
  • AutoTrader Licenses Online Auction Patents from MercExchange - January 20, 2003, Issue #466
  • Judge Rules on Post-Trial Motions in eBay Patent Lawsuit - August 07, 2003, Issue #587
  • eBay Petitions USPTO to Reexamine MercExchange Patents - June 17, 2004, Issue #784
  • The eBay Patent Wars: Interview with MercExchange CEO Thomas Woolston - September 30, 2004, Issue #859
  • eBay Questions Jury Instructions During Patent Appeal Hearing - October 06, 2004, Issue #863
  • Court Rules on MercExchange v eBay Patent Case - March 16, 2005, Issue #975
  • USPTO Issues Action in eBay-Requested Re-Exam of MercExchange Patent - March 29, 2005, Issue #984
  • Bickering Continues in eBay Patent Case - March 30, 2005, Issue #985
  • eBay Asks Supreme Court to Hear Patent Case - May 13, 2005, Issue #1017
  • New Developments in eBay - MercExchange Patent Suit - September 28, 2005, Issue #1117
  • Lawrence Lessig Part of Amicus Brief in eBay Supreme Court Case - October 07, 2005, Issue #1124
  • The eBay Patent Wars: PESA Summit Skirmish - October 29, 2005, Issue #1139
  • The eBay Patent Wars: PESA Summit Skirmish - October 29, 2005, Issue #1140
  • Supreme Court to Hear eBay Patent Case over Injunction Ruling - November 28, 2005, Issue #1160
  • MercExchange Gets Funding before Facing eBay and Supreme Court - December 02, 2005, Issue #1164
  • eBay Patent Wars: Behind-the-Scenes Battles - December 21, 2005, Issue #1178
  • eBay Patent Wars: MercExchange Reaches Agreeement with Patent Office - December 23, 2005, Issue #1180
  • The eBay Patent Wars: U.S. Government Weighs In - March 10, 2006, Issue #1234
  • eBay Patent War: Best Case/Worst Case Scenarios - March 29, 2006, Issue #1247
  • eBay and MercExchange Have their Day in Court - March 29, 2006, Issue #1247
  • Supreme Court: No Injunction in eBay Case, Back to District Court - May 15, 2006, Issue #1279
  • eBay Patent Wars: Hearing Set for Friday - November 14, 2006, Issue #6
  • eBay Patent Wars: Judge Wonders about Design Workaround - December 29, 2006, Issue #1441
  • eBay Patent Hearing Set for June: Buy It Now at Issue - April 18, 2007, Issue #1519
  • eBay Patent Wars: MercExchange Likely to Appeal Injunction Ruling - July 30, 2007, Issue #1588
  • eBay Must Fork over Damages in MercExchange Patent Case - December 12, 2007, Issue #1683
  • eBay Formulating Appeals Strategy in MercExchange Patent Case - December 13, 2007, Issue #1684
  • eBay v MercExchange Patent War: It's Over - February 28, 2008, Issue #1737


  • Discussion Forums 
    Have a question about buying or selling online? Want to get marketing or technical advice? AuctionBytes Discussion Forums are the place to come to get answers to your questions and get advice! Great tips - a refreshing change!

    Current Discussions:
     

    About Us      Privacy Policy      Link to Us      Partners      Our Writers      Write for Us      Press        Site Index

    Copyright 1999-. Steiner Associates LLC. All rights reserved.