EcommerceBytes-NewsFlash, Number 1519 - April 18, 2007     0 of 5

eBay Patent Hearing Set for June: Buy It Now at Issue

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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.

In December, Friedman gave MercExchange 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, he gave eBay the same time 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.

Both parties filed their briefs on March 26 after Judge Friedman chastised them last month, advising the parties to "stop filing letters, motions and briefs attempting to make an end run around the 20-page limit expressly established in this court's 12/18/06 order."

Details on the December hearing can be read on the AuctionBytes website (

About the author:

Ina Steiner is co-founder and Editor of EcommerceBytes and has been reporting on ecommerce since 1999. She's a widely cited authority on marketplace selling and is author of "Turn eBay Data Into Dollars" (McGraw-Hill 2006). Her blog was featured in the book, "Blogging Heroes" (Wiley 2008). Follow her on Twitter at @ecommercebytes and send news tips to

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