MercExchange v. eBay (E.D.Va 2007).
Using a typical defense strategy, eBay has slowed MercExchange's infringement case to a virtual crawl. Over three years ago, a jury found that eBay willfully infringed MercExchange's patent. Part of the verdict was eventually picked-up by the Supreme Court who held that injunctive relief in patent cases must be determined through the traditional four-factor test of equity. After the verdict, eBay also filed for a reexamination of the asserted patent. That reexamination is still pending, although all of the claims have been rejected by the PTO.
On Tuesday, the issue of injunction will once again return to the Virginia district court (Norfolk). EBay has asked for a stay of relief pending conclusion of the reexamination process to "prevent enforcement of invalid patents." On the other side, MercExchange argues that injunctive relief is proper even under the Supreme Court's more stringent requirements.
MercExchange provides several reasons for not staying final adjudication pending reexamination, including eBay's delay in seeking the reexamination and eBay's unclean hands before the court (for allegedly submitting false authentication).
- Download ebay_motion_for_stay.pdf
- Download merc_brief_in_opp_to_motion_for_stay.pdf
- Download ebay_reply_to_motion_for_stay.pdf
- Download merc_renewed_motion_for_permanent_injunction.pdf
- Download ebay_opp_to_merc_renewed_motion_for_permanent_injunction.pdf
- Download merc_reply_for_renewed_motion_for_permanent_injunction.pdf