Post-eBay, Expect More Patent Suits, Higher Costs

Law360, New York (July 28, 2006, 12:00 AM EDT) -- On May 15, 2006, the U.S. Supreme Court handed eBay Inc. a unanimous victory over MercExchange LLC in a much publicized patent dispute. See eBay Inc. v. MercExchange L.L.C., 126 S. Ct. 1837 (US 2006). Forbes reported the decision on May 16 with a headline reading: "Supreme Court Buries Patent Trolls." Similarly, the Financial Times’ May 15 headline read: "U.S. Technology Groups Win Patent Lawsuit."

Consequently, corporate America’s in-house patent counsels and their law firm counterparts must now fight to educate the C-level executives to whom...
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