Wednesday, May 17, 2006

You Can Still Buy It Now



Justices Set Aside Patent Ruling Against eBay

In a significant victory for eBay and the technology industry, the United States Supreme Court ruled unanimously on Monday that judges do not have to automatically bar companies from using patents that they have been shown to have violated. This should also ease copyright law for companies that try to make "loose cases" out of trademark and copyright infringement by bastardizing the Lanham Act. More and more companies are using copyright and infringement for the sole purpose or means of litigation ... ie creating logos or litigating with their logos as a means to put competitors and critics under.

From a Forbes magazine recap and analysis:

The Supreme Court limited the power of patent trolls to obtain permanent injunctions against infringers as a matter of course. The court has ruled that the principles of equity apply, meaning that a court considering slapping an injunction on the infringer must consider how much damage is really being done ... which in the case of eBay's Buy It Now feature, isn't much, since the company that owns this so-called patent only has it for the purposes of suing other people. "The high court's decision deals a blow to patent trolls, which are notorious for using the threat of permanent injunction to extort hefty fees in licensing negotiations as well as huge settlements from companies they have accused of infringing."

1 comment:

Middle-agedman said...

I would really like to see the Supreme Court and other courts take action against the "patent trolls" that patent something but don't really do much with it. I think it is absolutely criminal to lay in wait for someone that truly wants to innovate or develop a creative solution.

Don't these idiots know that they are benefitting themselves to the detriment of the rest of the world? I despise people that do this kind of thing.