Saturday, May 27, 2006

MercExchange still getting its permanent injunction?

In the discussion over eBay v. MercExchange, not much is said about the text in the district court decision: As expected, each party argues that the balance of the hardships tips in their favor. Upon review of the record and factors listed above, the
court is of the opinion that the balance tips slightly in the defendants' favor.

[See an earlier post on IPBiz providing relevant text from both the district court and CAFC decisions.]

Given that the Supreme Court criticized the 4-factor analysis made by the district court (including a favorable citation by the Supreme Court to Continental Paper to criticize the district court's weighing of the "not practicing the invention" issue), IPBiz thinks it likely that MercExchange will get its permanent injunction directly from the district court on remand.


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