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eBay Appeal In MercExchange Patent Suit Heads For Federal Circuit

Law360 (September 30, 2004, 12:00 AM EDT) -- Online auction company eBay Inc. will have a stab at reversing a $29.5 million judgment when it returns to federal court Tuesday to appeal a patent-infringement in favor of rival MercExchange LLC.

Both sides are appealing the case. eBay is seeking to reverse the judgment or to pay less in damages. MercExchange is arguing that eBay should pay more in damages, pay its attorneys' fees and be permanently barred from selling fixed-price goods.

Oral arguments in the appeal are scheduled to be heard Tuesday morning by...
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