eBay v MercExchange

Petition For A Writ Of Certiorari

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The U.S. Supreme Court invalidated a lower court patent law precedent that threatened free speech and consumers' rights. The court unanimously held that issuing automatic injunctions in patent cases improperly removed discretion from trial judges to weigh competing factors, including the effect that enforcing the patent would have on the public interest. The concurring opinion noted that the current patent system may be suffering ill effects from business method patents and so-called "patent troll" companies. "An industry has developed in which firms use patents not as a basis for producing and selling goods but, instead, primarily for obtaining licensing fees….In addition injunctive relief may have different consequences for the burgeoning number of patents over business methods. The potential vagueness and suspect validity of some of these patents may affect the calculus under the four-factor test."

This is the initial Petition For Writ of Certiorari.

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Reference Info:Appellate Brief | Federal, U.S. Supreme Court | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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