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March 18, 2005
EBay lost, but may have the last laugh
The US CAFC held against EBay this week, saying it did indeed violate a patent held by MercExchange. This cleared the way for a possible permanent injunction against EBay using a fixed-price feature covered by the patent's claims.
However, the story is far from over. A second MercExchange patent was held invalid by the CAFC and the patent judged infringed is itself up for review by the USPTO. EBay claims to have engineered around the disputed claims so by the time it's all said and done little or nothing may be left of MercExchange's case.
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