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eBay v. MercExchange

Docket No.: 05-130
Certiorari Granted: 11/28/2005
Argued: March 29, 2006
Decided: May 15, 2006

Topic:

Economic Activity

PartyNames: EBAY INC. et al. v. MERCEXCHANGE, L. L. C.
Petitioner: eBay Inc., et al.
Respondent: MercExchange, L.L.C.

Court Below: United States Court of Appeals for the Federal Circuit

eBay Inc., et al.
v.
MercExchange, L.L.C.
547 U.S. 388 (2006)
Question Presented:

Whether the Federal Circuit erred in setting forth a general rule in patent cases that a district court must, absent exceptional circumstances, issue a permanent injunction after a finding of infringement.

Question:

Under the Patent Act, should a permanent injunction always be issued when a patent has been violated, absent exceptional circumstances?

Note:

IN ADDITION TO THE QUESTION PRESENTED BY THE PETITION, THE PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING QUESTION: "Whether this Court should reconsider its precedents, including <span style="font-style: italic;">Continental Paper Bag Co. v. Eastern Paper Bag Co.</span>, 210 U.S. 405 (1908), on when it is appropriate to grant an injunction against a patent infringer."

Holding: judgment vacated and remanded
Vote: 9-0
Opinion By:
Read EBAY V. MERCEXCHANGE opinion (PDF)
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