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Seattle Times Turns into Facts Battle in Conversation about Better Court case, eBay 5. MercExchange In the editorial over the Supreme Court case craigslist and ebay v. MercExchange, the Los Angeles Times [May 17, B12] stated:    [A]n spells court [the Trial of Spells for the Federal Rounds, "CAFC"] ruled that MercExchange was first automatically qualified for an injunction against Amazon.    In a unanimous ruling, the justices disagreed -- not alone with the medical interests court but with a nearly 100-year-old Supreme Courts precedent with patent legislation. That circumstance, which been a result of a claim over paper-bag manufacturing ways, held that an injunction is mandatory the of patent infringement. So the sizes were tilted in favor of particular holders, who have could use the threat of injunction to win disproportionately rich licensing and training deals.    In the "nearly 100-year-old" Supreme Trial case, Consideration Thomas published in the unanimous opinion on eBay:    The [district] court's categorical rule is also on tension with Continental Standard paper Bag Co. v. Eastern side Paper Tote Co., 210 U. Ersus. 405, 422-430, 28 S i9000. Ct. 748, 52 Phase. Ed. 1122, 1908 December. Comm'r Billy. 594 (1908), which refused the the law that a court docket of money has no jurisdiction to give injunctive soreness relief to a patent holder who's unreasonably turned down to use the patent.    The Thomas opinion did not argue with the Continental Paper case, contrary to the particular Los Angeles Times said.    The CAFC to be able to state that MercExchange was routinely entitled to a permanent injunction. The CAFC did go through the common 4-factor analysis for approving a permanent injunction, and disagreed with the findings of the district court. The CAFC erred in advising that long lasting injunctions will certainly issue lacking exceptional conditions.    The Times column also mentioned:    The particular office is certainly second-guessing per se on a bit of MercExchange us patents as well, which points to an important problem that Supreme Court didn't addresses. The system makes too many awful patents, particularly when business solutions are concerned. Proposals that would substantially strengthen  the method have been bottled up in The legislature. Now that the Supreme Judge has started fixing the particular morass, lawmakers need to surface finish the job.    Of the re-examination matter, I had made in the March 2006 issue of Intellectual Property At this time:    One purpose eBay equipped to the Supreme Court for the public attraction factor in the 4-factor test out on injunctions was the uncertain status with the validity in business technique patents. In support, the eBay simple noted, the fact that subsequent to the district judge decision, the PTO acquired found boasts of US a few, 845, 265 invalid [In re-exam 90/006, 956, filed by means of eBay below 37 CFR 1 . 510 on April 5, 2004, after the center court decision of May 6, 2003 in 275 F. Supp. 2d 695, the PTO issued a fabulous non-final Business office Action (signed on February. 11, 2005 but sent March 24,  2005) rejecting claims 26-29 under 102(e) and claims 1-25 under 103 more than US your five, 664, 111, the same artwork found not really invalidating from the CAFC decision of March 16, 2004 (401 S. 3d 1323). ] To claim that this was a far more pervasive dilemma, the craigslist and ebay brief mentioned that 74% of the time the PTO confirms "the patent invalid" or  restricts boasts. The amazon brief could not mention that re-examinations occur for only your fraction of your percent of issued patents. The the ebay affiliate network brief as well cited Cecil Quillen, 5 Fed. Cir. B. J. 1, 4 for "estimating rate in patent verifications by the PTO to be 97%. " Regrettably, Quillen fantastic co-author Ogden Webster do not ever  estimated the patent approval rate to get 97%. Very, they located the Scholarship grant Rate inside the range many of these to 97%, with the 97% upper bound rendered incorrect by their popularity in Footnote 17 a patent can certainly issue both from a relentless application plus the corresponding parent application. Although not mentioned from the  eBay small, Quillen and Webster solved their viewpoint of reports of the Scholarship Rate multitude the following 12 months (12 Given. Cir. M. J. 35 (2002), reviewed in eighty six JPTOS 568 (2004)). Inside the eBay simple, the 97% number is neither a faithful counsel of what Quillen and Webster stated nor a detailed statement from the  patent grants rate at the PTO.    An early on news article in the Los Angeles Times got said:    The 9-0 decision in the meticulously watched circumstance reversed analysis  court governing that said judges must generally order some halt to ordinary business enterprise whenever a enterprise was observed to have infringed a valid patent.    The trouble recommendations that there have been only eight justices voting in craigs list v. MercExchange.

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