Posts Tagged: Ebay v. Mercexchange


Restoring the Right to Permanent Injunctions: A Patent Reform Agenda

Overrule eBay v. MercExchange and grant permanent injunctions to victorious patent owners as a matter of right. This singular change to U.S. patent laws – which is …
By Gene Quinn
21 days ago 10

Confused and frustrated, patent policy experts bemoan America’s absurd compulsory licensing patent system

The experts in attendance reminded us of the insanity of the compulsory licensing system that now pervades the U.S. patent marketplace, which when explained in terms …
By Chris Gallagher
6 months ago 23

The Top 3 Reasons the U.S. Patent System in Decline

Concerns over software and biotechnological innovations being patent eligible, the omnipresent threat of patent reform that could make it even more difficult to enforce the patent property …
By Gene Quinn
7 months ago 19

How the Supreme Court legislated patent reform

Over the last ten years, one bad patent reform bill after another has been introduced and then pushed by a fantastic lobbying and public relations effort that …
By Paul Morinville
1 year ago 23

SCOTUS should adopt flexible, case-specific approach to attorneys’ fee awards in copyright cases

The IPO recently filed an amicus brief at the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc. supporting a flexible approach to awarding attorneys’ fees. Oral …
By Gunnar Gundersen
2 years ago 0

What the passing of Justice Antonin Scalia means for SCOTUS patent jurisprudence

While Justice Scalia served on the Supreme Court for nearly three decades, his contributions to the area of intellectual property law were quite limited. Scalia did famously …
By Gene Quinn
2 years ago 17

2015 Supreme Court Term: Cert Petitions to Watch

Since the start of the Supreme Court’s term in October, the Court has already agreed to hear two patent cases, Halo Electronics, Inc. v. Pulse Electronics, …

Have We Hit Bottom in the Patent Market?

The patent market had an amazing bull run from the late 1980’s through 2012. The peak was 2011 to 2012 when we saw a number of multi-billion dollar patent sales …
By Erich Spangenberg
2 years ago 32

Federal Circuit en banc rules Laches Remains Defense in a Patent Infringement Suit

Despite the Supreme Court ruling that laches is no defense to a copyright infringement action brought during the statute of limitations, the Federal Circuit ruled laches can …

A Strategy for Protecting Software Claims from Invalidation Under the Algorithm Requirement

In general, the courts distinguish between functions and algorithms, and they require patent applicants to disclose algorithms to cure perceived deficiencies in functions. The problem with this …

No permanent injunction threat leads to refusal to deal with patent owners

Simply stated, Lemley is wrong and his suggestion that eBay v. MercExhange is at all positive, let alone the best development, strikes me as utterly ridiculous. The …
By Gene Quinn
2 years ago 32

The ITC and Excessive Patent Damages Myths

Professor Paul Janicke of the University of Houston Law School conducted a study of all damage verdicts in patent infringement cases between 2005 and 2007. He found no pattern …

Patent Erosion 2013: What Would the Founding Fathers Think?

As the end of 2013 approaches and I look back on what has transpired I am saddened to see that through the year patent rights have continued to …
By Gene Quinn
4 years ago 26

Exclusive Interview with Steve Kunin, Part 2

On May 6, 2013, I sat down with Steve Kunin and we discussed a wide range of patent issues. In Part 1 of the interview we discussed the new post …
By Gene Quinn
4 years ago 1

Post-eBay Economic Standards for Assessing Irreparable Harm

One of the factors considers the presence of irreparable injury, which is harm not quantifiable or remediable as money damages. For the factor to be satisfied - …
By Stevan Porter
5 years ago 0