Posts Tagged: Ebay v. Mercexchange


How Patents Enable Mavericks and Challenge Incumbents

Advocates for “patent reform” have long argued that reducing patent protection will open up markets and accelerate innovation by lowering entry barriers and expanding access to existing …
By Jonathan Barnett
10 months ago 13

Masters Offer Hope for Patents Despite Current Challenges

Experts speaking during IPWatchdog’s Virtual Patent Masters Symposium yesterday expressed concern over the state of the U.S. patent system, but also offered a number of …
By IPWatchdog
2 years ago 6

Trademark Modernization Act Would Restore Presumption of Irreparable Harm in Trademark Cases

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) and Representatives Hank Johnson (D-GA), Doug Collins (R-GA), Martha Roby (R-AL) and Jerry Nadler (D-NY) yesterday introduced legislation to …
By Eileen McDermott
2 years ago 0

The Impact of Overturning eBay v. MercExchange

At a time when most policymakers rightly argue that China and other countries need to do more to clamp down on intellectual property infringement, overturning the four-factor …
By Evan Langdon
2 years ago 91

Why eBay v. MercExchange Should, But Won’t, Be Overruled

As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to …
By Gene Quinn
2 years ago 51

Obtaining Injunctions Under eBay Versus at the International Trade Commission

Prior to the Supreme Court’s decision in eBay v. MercExchange, 547 US 388 (2006), it was fairly routine for a victorious patent owner who prevailed on a finding of …
By Evan Langdon & Gene Quinn
2 years ago 34

Another Front in China’s Economic War: Senate IP Subcommittee Seeks to Solve USPTO’s Fraudulent Trademarks Problem

Senator Thom Tillis (R-NC) yesterday led a hearing of the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property titled “Fraudulent Trademarks: How They Undermine the …
By Eileen McDermott
2 years ago 0

One Inventor’s Unsolicited Congressional Testimony Following Arthrex

Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here. In Arthrex, the Federal Circuit in effect …
By Paul Morinville
2 years ago 39

Civil Debate is a Fair Request, But False Narratives are Harming U.S. Innovation

Yesterday, we published a response from Daniel Takash, the Regulatory Policy Fellow at the Niskanen Center’s Captured Economy Project, asking for a more civil IP debate. …
By Gene Quinn
2 years ago 12

ITC Investigates University of California Complaint Against Amazon and Other Major Retailers

In late August, the U.S. International Trade Commission published a notice of institution of a Section 337 investigation on behalf of the Regents of the University of …
By Steve Brachmann
2 years ago 10

The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law

Last week the United States Court of Appeals for the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC …
By Gene Quinn
2 years ago 27

A Step Forward for the STRONGER Patents Act

The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
By Brian Pomper
2 years ago 18

New Hampshire Supreme Court Affirms Dismissal of Patent Troll Defamation Case

On August 16, the Supreme Court of New Hampshire issued an opinion in Automated Transactions, LLC v. American Bankers Association affirming a lower court’s decision to grant …
By Steve Brachmann
2 years ago 5

House Hearing Highlights China, E-Commerce Contributions to Cluttering of U.S. Trademark Register

At a hearing of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet this morning, titled Counterfeits and Cluttering: Emerging Threats to the …
By Eileen McDermott
2 years ago 9

Coons and Stivers Reintroduce Measure to Make the U.S. Patent System STRONGER

Senator Chris Coons (D-DE) and Congressman Steve Stivers (R-OH) reintroduced the STRONGER Patents Act of 2019 today in an event on Capitol Hill. Coons first introduced the STRONG …
By Gene Quinn
2 years ago 25