Feeds

MercExchange shrugs off eBay patent setback

eBay's speculation "Rank"

  • alert
  • submit to reddit

Boost IT visibility and business value

MercExchange LLC will press on with its patent infringement action against eBay despite the US Patent and Trademark Office’s “initial rejection” of the patent at issue.

The consignment fixed price patent was at the heart of a $25m judgement against auction giant eBay in 2003, which was recently affirmed by the Court of Appeals.

eBay requested a re-examination of the patent and said this week that USPTO had “initially revoked” the patent, after finding its claims to be “'obvious’ or otherwise unpatentable.” While eBay concedes that MercExchange has the right to respond to the decision, it says “the Patent Office’s rulings would result in modification or permanent revocation of the patents.”

“Rank speculation” MercExchange retorted, saying that just days earlier, the Federal Appeals Court had “’rejected (eBay’s) argument’ that the same prior art relied upon by the Patent Office in its initial response ‘renders the asserted claims of the patent obvious.’”

MercExchange said such a Patent Office decision was “Typical in a re-examination proceeding, and only invite the patent owner to distinguish the asserted prior art.” Or, to put it another way, “The Federal Circuit has spoken and that should be the end of it.”®

Of course, in the land of the never-ending lawsuit, it is extremely unlikely this will be the case.

Related story/h3> eBay asks for new patent trial

The essential guide to IT transformation

More from The Register

next story
Munich considers dumping Linux for ... GULP ... Windows!
Give a penguinista a hug, the Outlook's not good for open source's poster child
The Return of BSOD: Does ANYONE trust Microsoft patches?
Sysadmins, you're either fighting fires or seen as incompetents now
Intel's Raspberry Pi rival Galileo can now run Windows
Behold the Internet of Things. Wintel Things
Microsoft cries UNINSTALL in the wake of Blue Screens of Death™
Cache crash causes contained choloric calamity
Eat up Martha! Microsoft slings handwriting recog into OneNote on Android
Freehand input on non-Windows kit for the first time
Time to move away from Windows 7 ... whoa, whoa, who said anything about Windows 8?
Start migrating now to avoid another XPocalypse – Gartner
You'll find Yoda at the back of every IT conference
The piss always taking is he. Bastard the.
prev story

Whitepapers

5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.