Patent Strategy Questions Raised By the eBay Decision

The effect of the Supreme Court's May 2006 opinion in <i>eBay v. MercExchange</i> is already visible in the world of intellectual property litigation. A handful of subsequent district court opinions relating to damages and permanent injunctive relief for patent infringement have been handed down with outcomes substantially outside of what would have normally been expected less than even a year ago, using the <i>eBay</i> decision as precedent. Although the true and long-lasting effect of this decision on litigation remains to be seen, its directional influence is clear. However, what is unclear is the effect that <i>eBay</i> will have on real-world intellectual property management and investment. The appropriate manner in which to react to these recent changes in the litigation realm is currently an area of much discussion by corporate IP departments, patent licensing and enforcement companies (P-LECs) and financiers.

9 minute read October 27, 2006 at 04:25 PM

By

Andrew W. Carter And Adam T. Clifford