Dissents

In the case of MercExchange v. Ebay, the District Court did deny permanent injunction relief to MercExchange for their internet invention that became such a success once it was released. Once it was taken to Supreme Court, the judges concurred with the judges of the District Court, but they had to stress that the procedures in patent infringement cases should not go over looked. They did proceed to issue the four factor test to MercExchange to decide whether they suffered any damages to their company and MercExchange wanted to use that to delare permanent injunction of their invention. Unfortunately, it was decided that although that had documents proving that the idea was theirs first, they did not have enough to secure the injunction and so, it was a unanimous decision amongst the courts to revoke their motion and allow Ebay and their subsidiaries to use the idea for their profitable gain.