New Developments In The eBay-MercExchange "Buy It Now" Lawsuit
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11-20-2006, 03:04 PM,
Post: #61
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Re: New Developments In The eBay-MercExchange "Buy It Now" Lawsuit
Auctionbytes with an article on last Friday's court hearing:
Quote:The ongoing saga of the litigation between eBay and MercExchange over patents saw yet another day in court Friday, November 17, 2006, with several comments made by parties present about the concern for a case that could drag on ad nauseum. MercExchange's attorneys argued that "time is of the essence" and that MercExchange "may not be able to survive much longer without an injunction." eBay's attorneys argued that if MercExchange is allowed to submit new, and what it considers improperly submitted and irrelevant evidence, eBay should be entitled to "a full range of discovery." The attorneys also had animated exchanges over an issue of "prior art" from the original trial involving a videotape of another inventor's multimedia system... full article: http://auctionbytes.com/cab/abn/y06/m11/i20/s02 |
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12-29-2006, 02:51 PM,
Post: #62
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Re: New Developments In The eBay-MercExchange "Buy It Now" Lawsuit
More details:
Quote:MercExchange will have 3 months to put together a new brief in support of its motion for permanent injunction against eBay's Buy It Now feature, which generates 34 percent of eBay's Gross Merchandise Sales on the eBay platform. Likewise, eBay will have until March 16, 2007, to prepare a final brief for its motion for a stay of proceedings in light of the ongoing U.S. Patent Office reexamination of MercExchange's patents, which are at the heart of the legal wrangling. Quote:In his order, Judge Friedman discussed eBay's claim that it had designed around the patent it was found guilty of infringing, the '256 patent. "Although eBay has offhandedly referred to its purported design around both in court and in its briefs, eBay appears to have failed to advance any evidence nor even make the express, yet uncorroborated, claim that it has in fact designed around the '265 patent." It's not clear whether the judge expects eBay to address this issue in its March 16th brief. full article: http://www.auctionbytes.com/cab/abn/y06/m12/i29/s02 |
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12-30-2006, 01:29 AM,
Post: #63
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Re: New Developments In The eBay-MercExchange "Buy It Now" Lawsuit
Quote:In his order, Judge Friedman discussed eBay's claim that it had designed around the patent it was found guilty of infringing, the '256 patent. "Although eBay has offhandedly referred to its purported design around both in court and in its briefs, eBay appears to have failed to advance any evidence nor even make the express, yet uncorroborated, claim that it has in fact designed around the '265 patent." It's not clear whether the judge expects eBay to address this issue in its March 16th brief. You mean they've never presented the court with actual proof that the alleged workaround really exists? :blinkie: |
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04-19-2007, 07:12 AM,
Post: #64
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eBay-MercExchange "Buy It Now" Lawsuit Set For June Court Date
The latest update:
Quote:The decision over whether eBay will be barred from using its Buy It Now feature is nearing - eBay and MercExchange will square off before US District Court Judge Friedman on June 12th at 11 am. In 2003, a jury had found eBay guilty of infringing MercExchanges' patents, and the case has dragged on through appeals all the way to the Supreme Court.... full article: http://www.auctionbytes.com/cab/abn/y07/m04/i18/s00 |
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06-15-2007, 10:25 AM,
Post: #65
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MercExchange calls for Injunction to prevent eBay from using Buy It Now button
Latest update:
Quote:That tiny company in Great Lakes, Virginia is re-launching its attack on eBays Buy-It-Now button. full article: http://www.theregister.co.uk/2007/06/13/...njunction/ |
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07-28-2007, 09:23 AM,
Post: #66
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Judge denies motion for permanent injunction against eBay's use of "Buy It Now"
The latest:
Quote:A federal judge Friday denied a request from a small Virginia company to stop the online auction powerhouse eBay Inc. from using a feature that allows shoppers to purchase items at a fixed price. full article: http://www.smh.com.au/news/Technology/EB...06452.html |
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07-30-2007, 03:36 AM,
Post: #67
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Re: New Developments In The eBay-MercExchange "Buy It Now" Lawsuit
Quote:Judge denies motion for permanent injunction against eBay's use of "Buy It Now" Too bad, an injunction would have removed all of the below wholesale price items from Google Product Search and made it easier for people to find our items. :twistedevil:
"Well, Jay was so giddy that someone named Jay was involved with this site we posted our first non-eBay listing in 3 years here at Lunarbid (we tried two items at Yahoo once upon a time, they bombed)" -Marie posting in a LunarBid thread at OTWA in 2005 wins the award for 'most moronic reason ever given for choosing a venue"
"thanks twat u must have nothing better 2 do. do u talk to all your members like that. will not be recomending your site. best way to put it is TULIPTOOLS.COM IS REALLY SHIT. DONT JOIN." -pubescent owner of rinky dink off2auction.com in 2011 |
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07-30-2007, 05:38 PM,
Post: #68
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Re: New Developments In The eBay-MercExchange "Buy It Now" Lawsuit
[quote author=bargainbloodhound link=topic=564.msg62837#msg62837 date=1185766561]
Quote:Judge denies motion for permanent injunction against eBay's use of "Buy It Now" Too bad, an injunction would have removed all of the below wholesale price items from Google Product Search and made it easier for people to find our items. :twistedevil: [/quote]
OAI Moron Hall of Fame
<i>sell-thru is an irrelevant and illogical consideration.</i> -KaRay, owner of WP giving selling advice, 2006 <i>the site was 'NOT' hacked but the little script that had recipes on had the link altered</i> -Plunderhere Owner Mark Taylor after his site was hacked by a Chinese hacker gang, 2008 Some people have it like that, others dont. I do. -Probidscripts owner Spencer Osama Binweb Laden Ray bragging about his ability to scam the OAI without feeling any guilt, 2008. How does an auction site get buyers? -question asked at PSU by owner of auction site BidBeaver.ca, 2008 How do I get sales? -question asked at PSU by online store owner, 2009. I was told by my Tech. Support that my site dont really need SSL.. his servers are well protected and that info your providing to join aint really top secret information -owner of auction site TheTraderOutlet.com discussig his site's lack of basic security, 2009 |
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12-14-2007, 09:58 AM,
Post: #69
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Re: New Developments In The eBay-MercExchange "Buy It Now" Lawsuit
The latest developments:
Quote:The Federal District Court in Norfolk, Virginia, has entered a final judgment on damages relating to the patent lawsuit against eBay. In May 2003, a jury ruled eBay guilty of willful infringement of MercExchange's '265 patent and awarded damages. On December 11, 2007, Judge Friedman granted MercExchange's motion to certify the judgement... full article: http://www.auctionbytes.com/cab/abn/y07/m12/i12/s00 and: Quote:eBay said it would appeal the District Court's ruling on Tuesday in the long-running MercExchange patent case. The court made a final judgement on damages awarded by a jury that requires eBay to pay $30 million to MercExchange, and it addressed other motions filed by both parties. However, when asked whether eBay would appeal the entire order and on what basis, eBay spokesperson Hani Durzy said the company has not yet formulated its entire strategy, and wouldn't reveal it in any case. It would appeal "at least the parts we think were wrong and decided incorrectly," he said... full article: http://www.auctionbytes.com/cab/abn/y07/m12/i13/s03 |
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02-29-2008, 08:36 AM,
Post: #70
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Re: New Developments In The eBay-MercExchange "Buy It Now" Lawsuit
Update: eBay buys the patents from MercExchange:
Quote:After years of battling auction giant eBay in the courts, MercExchange has finally found closure. eBay announced it has acquired three MercExchange patents that have been at the heart of a grueling legal war between the two firms. According to a release issued by eBay about the settlement on Thursday afternoon, it also acquired some additional related technology and inventions and a license to another search-related patent portfolio that was not asserted in the lawsuit. eBay declined to disclose how much it had paid for the patents and technology.... full article: http://www.auctionbytes.com/cab/abn/y08/m02/i28/s00 |
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