eBay v. MercExchange, Cont'd

eBay was successful in having the Supreme Court vacate an earlier District Court ruling and remand the case back down to District Court for retrial (I had a couple thoughts about it here).

MercExchange issued a statement saying it was confident that the district court would impose an injunction on eBay "when it fairly applies the traditional principles of equity set forth in the Supreme Court's opinion ... "

Uhm, excuse me? Are you trying to say that in the past 3 years of this litigation, eBay hasn't taken it upon itself to change the back-end technology to essentially by-pass Merc's patent? Do you really take them for such fools?

Let's get a couple things straight: As soon as eBay lost the orignial patent lawsuit back in 2003, it immediately went to work to change the back end structure of it's Buy It Now featuer so that it would no longer infringe on the patent that Merc claims to have. What's more, it took the additional step of accounting for the $25 Million that a District Judge awarded to Merc as part of the damages.

The only reason eBay pursues this issue to the extent that it does is just to make sure that legal precedent isn't set. Frankly speaking, if Merc really believes that they're going to shut down one of the most powerful companies in the world, they have another thing coming.