eBay Cheers As PTO Slams MercExchange Patent

Law360, New York (March 30, 2006, 12:00 AM EST) -- The U.S. Patent and Trademark office has given a boost to eBay Inc.’s argument at the U.S. Supreme Court by confirming an earlier reexamination decision that a patent asserted against the online retailer never should have been issued.

Patent holding company MercExchange LLC, which is seeking a permanent injunction against eBay, confirmed the USPTO had issued the non-final decision, which said the business method covered by the patent was obvious.

However, a MercExchange spokesperson said eBay was exaggerating the significance of the decision. EBay successfully requested...
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