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Tue May 16 2006 16:01:32

eBay Patent Case (yes, again!)

By: Ina Steiner

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This article brings up interesting points (I tend to favor articles that aren't, "rah, rah eBay!") (link). But there's one thing that I think people are missing. Again, disclaimer that I am not an attorney. It seems anyone (even me) could see the "district court too broadly considered eBay's arguments against an injunction." Simply read the ruling - the arguments are practically silly.

I really think that the Supreme Court has left things as they were before the eBay case came along - the District Courts use the four-factor test to determine whether to grant an injunction. The ruling may help give corporations more swagger in dealing with patent-holders, but I don't think District Court judges now have an idea that they should do things differently (except not to do things the way Friedman did).

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