Saturday, June 24, 2006

Clueless commentary on eBay by Eric Chabrow of InformationWeek

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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