Patent Office Rules In eBay's Favor - InformationWeek

InformationWeek is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

IoT
IoT
News

Patent Office Rules In eBay's Favor

eBay said it learned this week that the U.S. Patent and Trademark Office had upheld an earlier decision in a case involving the auction site's "Buy It Now" feature.

eBay said it learned this week that the U.S. Patent and Trademark Office had upheld an earlier decision in a case with involving eBay's "Buy it Now" feature. The court ruled that a MercExchange patent central to the case should not have been issued because it was "obvious," eBay said.

In the meantime, the U. S. Supreme Court continued its deliberations Thursday over the patent case involving eBay and MercExchange,

The patent, No. 5,845,265, and another are key to the "Buy it Now" feature on eBay's auction site, which is the issue before the court. While Supreme Court members seem to have looked favorably on MercExchange's position, the case is considered by many to be another example of questionable patent claims being held against dominant firms by firms that are not in business.

Citing the Patent Office decision, eBay said: "This ruling is significant since it responds to -- and dismisses -- the arguments MercExchange raised in its 100-page response to the Patent Office's previous rejection of all of MercExchange's claims." eBay noted that MercExchange will be permitted to respond to the latest Patent office ruling.

MercExchange has argued that it is not a patent trolling company that had no plans of building a business, but had spent years attempting to build a business around its intellectual property. A jury ruled in favor of MercExchange and the issue of injunctive relief for MercExchange is before the country's highest court.

The justices have indicated they will rule on the issue in June.

We welcome your comments on this topic on our social media channels, or [contact us directly] with questions about the site.
Comment  | 
Print  | 
More Insights
State of the Cloud
State of the Cloud
Cloud has drastically changed how IT organizations consume and deploy services in the digital age. This research report will delve into public, private and hybrid cloud adoption trends, with a special focus on infrastructure as a service and its role in the enterprise. Find out the challenges organizations are experiencing, and the technologies and strategies they are using to manage and mitigate those challenges today.
Commentary
Enterprise Guide to Edge Computing
Cathleen Gagne, Managing Editor, InformationWeek,  10/15/2019
News
Rethinking IT: Tech Investments that Drive Business Growth
Jessica Davis, Senior Editor, Enterprise Apps,  10/3/2019
Slideshows
IT Careers: 12 Job Skills in Demand for 2020
Cynthia Harvey, Freelance Journalist, InformationWeek,  10/1/2019
Register for InformationWeek Newsletters
Video
Current Issue
Getting Started With Emerging Technologies
Looking to help your enterprise IT team ease the stress of putting new/emerging technologies such as AI, machine learning and IoT to work for their organizations? There are a few ways to get off on the right foot. In this report we share some expert advice on how to approach some of these seemingly daunting tech challenges.
White Papers
Slideshows
Twitter Feed
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.
Sponsored Video
Flash Poll