eBay Patent Case Remanded to District Court

The eBay patent case was cleared by the U.S. Court of Appeals to go back to the District Court, 3 years after the District Court denied MercExchange's request for an injunction against eBay's Buy It Now listing format. In May, the Supreme Court vacated the Appeals Court decision that favored MercExchange's request for an injunction against eBay's Buy It Now feature.

Both the Appeals Court and the Supreme Court found fault with the District Court's reasoning in making the initial injunction ruling. The July 6th order to vacate and remand by the Appeals Court means the case goes back to the District Court, which must deal with the injunction matter and judgement.

http://www.fedcir.gov/daily.txt

Also of interest: http://www.patentlyo.com/patent/2006/07/ebay_v_mercexch.html

source : http://www.auctionbytes.com/cab/abn/y06/m07/i10/s03