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08.01.07
eBay Evades 'Buy it Now' Injunction
 By
David A. Utter
A federal court turned down a request from patent-holder MercExchange to hit eBay with an injunction that would stop the site from offering 'Buy it Now' as a purchase option.
However, eBay could still be on the hook for $25.5 million in damages.
They probably wouldn't mind paying that sum, as the greater ramifications of the federal court's decision could make eBay a winner on a broader scale.
A Reuters report on the case said the patent in question is now under review:
The judge stayed further proceedings on a second ecommerce-related patent until the U.S. Patent and Trademark Office has time to reexamine the validity of the patent granted to MercExchange. In effect, the court deferred to the judgment of the patent office to define the issue.
EBay said in a quarterly financial filing with the U.S. Securities and Exchange Commission on Friday that it modified how its Web sites work to try and ensure that they no longer make use of any potentially offending technology.
Patent reform advocates have long claimed the system rewards applicants with software patents for methods that are obvious and unoriginal.
A review of the earlier decision by the Supreme Court, which remanded the case back to the appellate level, showed the higher court believed MercExchange's claims did not pass a four-factor test.
Such a test has been a long tradition in considering infringement.
It's a determining factor in whether or not an injunction should be issued.
The one issued earlier by the appeals court against eBay's use of 'Buy it Now' did not consider this test.
About
the Author:
David Utter is a staff writer for WebProNews covering technology and business.
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