Eric Chabrow completely misunderstood the Supreme Court's use of Continental Paper in eBay v. MercExchange:
Among the most recent and visible business-method patent cases was eBay vs. MercExchange, in which the online auctioneer was found to have violated a MercExchange patent used for eBay's buy-it-now feature. Last month, the Supreme Court ruled--reversing a century-old precedent--that trial courts must not automatically impose an injunction for patent infringement. Many saw the LabCorp.-Metabolite case as another chance to overturn or refine a long-standing practice of granting business methods patents.The opinion by Justice Thomas cited Continental Paper AGAINST the reasoning of the district court in eBay. The opinion did NOT reverse Continental Paper.
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