USPTO Rules For eBay In Patent Reexamination

Law360, New York (March 29, 2005, 12:00 AM EST) -- In a move that could prove helpful in eBay's attempt to challenge a $25 million patent infringement award won by MercExchange in 2003, the U.S. Patent and Trademark Office on Thursday sent out an initial office action that signaled it may revoke a second patent owned by the plaintiff.

In a filing posted on its website, the patent office said it found the latest patent to be invalid because its claimed inventions either were obvious or had been anticipated by other patents.

MercExchange will have an...
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