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eBay going to the mat against patent trolls

buy it nowPatent trolls are way more scary to U.S. businesses than the kind of trolls you find on message boards, or under bridges. So scary, in fact, that eBay is going all the way to the Supreme Court to argue against their ability to gain injunctions to shut down the businesses of the companies from whom they seek to receive damages.

In this case, eBay has been sued by tiny MercExchange over its Buy-It-Now technology (which eBay says has been altered to avoid infringement, anyway). A jury at the lower court found that eBay was infringing on MercExchange's patent, and then an appeals court upheld the finding, and imposed an injunction barring eBay from using the patented technology.

eBay hopes to make it harder for patent-holders to obtain injunctions (they're "virtually automatic" and can seriously harm a company's livelihood), and to have the court weigh a variety of factors before shutting down a business, for instance, whether or not the patent-holder plans to use its IP for anything other than lawsuits.

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