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EBay Inc. v. MercExchange, L.L.C.
''eBay Inc. v. MercExchange, L.L.C.'', 547 U.S. 388 (2006)〔(''eBay Inc v. MercExchange, L.L.C.,'' ) 547 U.S. 388 (2006) (via U.S. Supreme Court official website)〕 is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. Instead, a federal court must still weigh what the Court described as the four-factor test traditionally used to determine if an injunction should issue.〔
==Background==
Online auction site eBay uses practices in its online auction technology for which MercExchange owns patents, including , which covers eBay's "Buy it Now" function - over 30 percent of the company's business. In 2000, eBay initiated negotiations to outright purchase MercExchange's online auction patent portfolio. When eBay abandoned its effort, MercExchange sued eBay for patent infringement and prevailed in a 2003 Virginia jury trial which found eBay had willfully infringed the company's patents. Following the verdict, MercExchange sought an injunction to prevent eBay's continued use of its intellectual property, but the District Court denied the request. The United States Court of Appeals for the Federal Circuit reversed the District Court, stating that there was a "general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances."
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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