Patent Reform Pending - InformationWeek
IoT
IoT
Business & Finance
News
12/5/2005
11:50 AM
50%
50%
RELATED EVENTS
Lean Analytics for 2018
Nov 27, 2017
Alistair Croll, Author of Lean Analytics joins AllAnalytics radio Nov. 27, find out more. ...Read More>>

Patent Reform Pending

EBay has changed how old Beanie Babies are bought and sold. Now it may help change how software patents are handled by the courts. The U.S. Supreme Court last week agreed to consider whether a federal-court injunction is warranted to keep eBay from offering a "Buy It Now" feature that was found to infringe on a patent held by MercExchange.

The issue is whether an injunction blocking the use of a technology should follow upon a finding of patent infringement, as almost inevitably happens today. EBay argues that an injunction gives the patent holder unfair advantage in extracting licensing fees; MercExchange contends injunctions protect small inventors against deep-pocketed companies. The precedent dates to a 1908 case involving two paper-bag makers. But given how interdependent computer systems have become, and the communities that can depend on a technology, it's worth rethinking injunctions' role. By hearing the case, the court may be showing it's open to that notion. Says Stuart Meyer, a patent lawyer with the firm Fenwick & West, "Changes are afoot."

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
Comments
Newest First  |  Oldest First  |  Threaded View
2017 State of IT Report
2017 State of IT Report
In today's technology-driven world, "innovation" has become a basic expectation. IT leaders are tasked with making technical magic, improving customer experience, and boosting the bottom line -- yet often without any increase to the IT budget. How are organizations striking the balance between new initiatives and cost control? Download our report to learn about the biggest challenges and how savvy IT executives are overcoming them.
Register for InformationWeek Newsletters
White Papers
Current Issue
Digital Transformation Myths & Truths
Transformation is on every IT organization's to-do list, but effectively transforming IT means a major shift in technology as well as business models and culture. In this IT Trend Report, we examine some of the misconceptions of digital transformation and look at steps you can take to succeed technically and culturally.
Video
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.
Flash Poll