eBay Gets More Time To Show That MercExchange Patents Aren't Valid

from the dragging-it-out... dept

The battle between eBay and MercExchange continues. MercExchange is the company that claimed it patented the idea of online auctions as well as the concept of a “buy it now” feature — both of which seem pretty questionable as patentable ideas, even in a world where business model patents are allowed. However, the lawsuit is still playing itself out in the courts, while the patent office wakes up and realizes that maybe the patents never were valid in the first place. In the meantime, though, eBay gets a little breathing room on the order for them to pay out $25 million, as they’ve been a stay on the payout until the Supreme Court has a chance to review the case. From the sound of things, it seems unlikely that the Supreme Court will take the case, as it’s not clear if this case really represents a “bigger issue” that the Court needs to weigh in on. Still, it would be nice if the Supreme Court reviewed the idea of “business model patents,” and realized just how anti-competitive such patents are.

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