eBay Argues District-Court Jury Was Improperly Instructed In Patent Appeal

Law360, New York (October 6, 2004, 12:00 AM EDT) -- A district-court jury was improperly instructed before it found that eBay had infringed on two patents held by MercExchange, eBay’s attorneys argued before a three-judge panel of the U.S. Court of Appeals for the Federal Circuit on Tuesday.

Attorneys for the online auction house and its much smaller rival faced off in the Washington, D.C. appeals court during oral arguments Tuesday.

Both sides are appealing the case. eBay is seeking to reverse a $29.5 judgment or to pay less in damages. MercExchange is arguing that eBay...
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