Judge Grants MercExchange Damages Award in eBay Patent Infringement Case

Published December 13th, 2007


AuctionPublicity.com - Late Tuesday, US District Court Judge Jerome Friedman entered a final judgment on a Norfolk jury’s 2003 patent infringement verdict against eBay and Half.com, finding that eBay had intentionally infringed the claims of MercExchange, LLC’s ‘265 patent. The amount of the judgment, with interest, is approximately $30 million.

Still pending before the Court, is a motion by MercExchange which will require eBay to account for additional revenues received since the jury’s verdict through its fixed price sales. Currently, those sales account for approximately 39% of eBay’s entire revenues.

“Today’s agreement is another important milestone in our battle to defend our rights as a patent holder,” MercExchange President Thomas Woolston said.

“eBay was found to be a willful infringer of our patents over four and one-half years ago, and we are now proceeding to the conclusion of their expensive legal delays,” Woolston said. “We look forward to returning to District Court to account for eBay’s continuing post-trial infringement, and to completing our appeal of the denial of an injunction against eBay fixed price sales with the Court of Appeals for the Federal Circuit.”

About MercExchange

MercExchange, LLC, was founded in 1995 to improve businesses through the application of new digital technologies, especially in networked environments. MercExchange has been awarded several key patents involving the conduct of internet-based auctions and markets. The inventions and supporting intellectual property cover a range of applications; for additional information visit www.MercExchange.com.

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