Comments on: eBay v. MercExchange - from an infringer’s perspective http://unitedstates.promotetheprogress.com/ebay-v-mercexchange-from-an-infringers-perspective/555/ Still clinging to first-to-invent Sun, 07 Sep 2008 16:41:25 +0000 http://wordpress.org/?v=2.3.1 By: J. Matthew Buchanan http://unitedstates.promotetheprogress.com/ebay-v-mercexchange-from-an-infringers-perspective/555/#comment-98 J. Matthew Buchanan Fri, 30 Jun 2006 13:43:46 +0000 http://unitedstates.promotetheprogress.com/ebay-v-mercexchange-from-an-infringers-perspective/555/#comment-98 Thanks for the comment Ben. Actually, we didn't intend for the meme to be one-sided. It's packed with a lot of subtlety that was intended to expose the nuances of the case from several sides. What's not to like? Consider this part of the meme - When talking about his busy schedule, the infringer said "The lawyers told me they "walked away from the bargaining table" with some patent holder and that "we've got the green light" on those projects as well." There's a subtle point in there that patent holders, I think, would point to as the main problem with the <em>eBay</em> case. The bargaining table has shifted. Big time. The threat of an injunction has been dealt a major blow, which will likely translate into less bargaining power for patent holders and more for infringers and other potential licensees. This has likely already reduced the value of many patents, particularly those in certain technology areas. Thanks for the comment Ben.

Actually, we didn’t intend for the meme to be one-sided. It’s packed with a lot of subtlety that was intended to expose the nuances of the case from several sides.

What’s not to like? Consider this part of the meme - When talking about his busy schedule, the infringer said “The lawyers told me they “walked away from the bargaining table” with some patent holder and that “we’ve got the green light” on those projects as well.”

There’s a subtle point in there that patent holders, I think, would point to as the main problem with the eBay case. The bargaining table has shifted. Big time. The threat of an injunction has been dealt a major blow, which will likely translate into less bargaining power for patent holders and more for infringers and other potential licensees. This has likely already reduced the value of many patents, particularly those in certain technology areas.

]]> By: ted http://unitedstates.promotetheprogress.com/ebay-v-mercexchange-from-an-infringers-perspective/555/#comment-97 ted Thu, 29 Jun 2006 17:42:29 +0000 http://unitedstates.promotetheprogress.com/ebay-v-mercexchange-from-an-infringers-perspective/555/#comment-97 Excellent. I know that the meme was meant to expose how arrogant and bullying the infringer could be, but I come away feeling great -- the big bad company creates a bunch of new jobs, products, and revenue, and the poor little patent holder gets paid out of the war chest too. Hell, even the lawyers win! In order for the troll to get money, they're going to have to sue (not much different than before), and that's going to end up as BMW money for the attorneys. Seriously, what's not to like about the Supreme Court's decision? Excellent. I know that the meme was meant to expose how arrogant and bullying the infringer could be, but I come away feeling great — the big bad company creates a bunch of new jobs, products, and revenue, and the poor little patent holder gets paid out of the war chest too.

Hell, even the lawyers win! In order for the troll to get money, they’re going to have to sue (not much different than before), and that’s going to end up as BMW money for the attorneys.

Seriously, what’s not to like about the Supreme Court’s decision?

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