Monday, September 21, 2009

Decision of the Court

As MercExchange continued to file for a permanent injunction for their Patent Infringement, a jury ruled that the patent was valid and that an award of damages should be given. But the district court denied MercExchange motion for permanent injunctive relief. Meaning that this particular patent is to remain the exclusive ownership of MercExchange. The Courts decided that an injunction should not automatically be issued based on a finding of a patent infringement but they also included that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. However, it will be stressed that the federal court must still issue the four factors to determine if an injunction should be issued whenever a relief is requested. So, the concept is still being used by Ebay and their subsidiary and no injunction was issued on this particular patent.

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