Is The Supreme Court Looking At The Presumption Of Patent Validity?
from the the-big-questions dept
However, it's very important to note that the presumption of validity is not at all what's being tried here. The case is simply about whether or not courts should mandate injunctions on those found guilty of patent infringement. In other words, whether or not this patent is valid or not -- and whether or not eBay infringed is not on the table here. On the point of injunctions, though, it sounds like eBay may have a tougher job convincing the justices. Justice Scalia, sticking to his property rights roots, is quoted as disagreeing with eBay's core argument that a company that doesn't produce a product shouldn't be allowed an injunction, as it does harm to the market. Scalia points out that the property right includes the right to exclude. Of course, you could argue with this by going back to the Constitution and noting that the purpose of the patent system is solely "to promote the progress of science and useful arts," rather than to "create a property right for inventors." Thus, you could make the argument that a company that is not actually promoting progress is not legitimately using the patent system. It's also amusing to read MercExchange's defense of its activities, by focusing on the fact that the guy behind MercExchange tried to put his patents on internet auctions and set price sales into practice and failed. It doesn't seem like the Constitution is designed to protect failed businesses, and allow them to sue where others succeeded.