The dispute between eBay and MercExchange has been running since
October 2001, and hinges on an auction site patent application that
was filed a few months before eBay was launched in 1995.
Since 1995, Woolston has obtained four patents, has ten more
pending, and has sued others for infringement, although the eBay
case is his biggest by far.
The patent dispute related to the “Buy it now” service on the
eBay site, which deals with fixed price sales, and a facility to
search other on-line auction houses.
The case will now go back to the trial judge who can, if he sees
fit, increase the damages awarded, up to three times the current
award. He may also issue a permanent injunction against the
company, preventing eBay from using the patented technology.
EBay lawyer Jay Monahan said: “We are disappointed with the
jury's verdict. This issue is far from over". He added, "We believe
that the weight of the evidence presented during the trial did not
justify the jury's verdict."
Monahan said that an appeal is being filed. But the case may
instead end in a settlement. According to Computerworld.com,
Woolston has said that he may agree to enter into talks with eBay
to licence or sell the patents.
