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Ebay Rx, Tracy A. Thomas
Ebay Rx, Tracy A. Thomas
Akron Intellectual Property Journal
From a remedial perspective, the decision of the U.S. Supreme Court in eBay Inc. v. MercExchange, L.L.C. reopened the age-old question of what it means to award equitable relief. In eBay, the Court rejected a permanent injunction issued by the U.S. Court of Appeals for the Federal Circuit to protect a business-method patent that defendant eBay had infringed on its successful auction website. This essay diagnoses the remedial problem in eBay as the improper use of presumptions for equitable relief that effectively prioritizes selected legal rights. It offers a prescriptive cure for the problem in the traditional balancing of the …
Ebay And The Blackberry: A Media Coverage Case Study, Lisa A. Dolak, Blaine T. Bettinger
Ebay And The Blackberry: A Media Coverage Case Study, Lisa A. Dolak, Blaine T. Bettinger
Akron Intellectual Property Journal
This paper centers on media coverage relating to eBay and related patent system developments. In particular, it provides a quantitative comparison between media coverage of eBay and that relating to another recent patent case: the litigation between NTP, Inc. and Research in Motion, Ltd. involving the popular BlackBerry® handheld wireless communications device, and examines the extent and nature of the NTP-related coverage in light of the co-pendency of the two cases and the issues they share in common. In so doing, it facilitates consideration of the experience of news coverage consumers - including, presumably, Supreme Court Justices - while eBay …