eBay versus pharma in US Supreme Court

2 April 2006

The BBC reports that the global on-line auction giant eBay has taken a patent dispute to the US Supreme Court, where it finds itself being opposed by US drug companies. The issue at stake is whether a US court should issue an injuction to immediately close down services that allegedly violate a patent, on the assumption that the patent is valid, or whether the plaintiffs would have to first demonstrate in court that they were the victims of a patent infringement.

The patent in dispute concerns software developed by US firm MercExchange. Patent lawyer Steve Maebius told the BBC, "any time we talk about altering injunctions, we really are talking about altering the fundamental balance of power.""

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