Hal Wegner predicts strong eBay confirmation of injunctive relief for “non-working” patentees

Everyone’s favorite court watcher, Hal Wegner, has distributed the most recent copy of his “Top Ten List” of Supreme Court patent cases (it’s a telling sign of the times that Hal has a list these days that is focused exclusively on the Supreme Court).

In the latest version of The List, Hal predicts that eBay v. MercExchange will be decided by a 6-3 (or possibly a 7-2) margin in favor of confirming the availability of injunctive relief for “non-working” patentees.  He expects negative votes from Associate Justices Breyer and Stevens.  His prediction is based on hearing the oral arguments and extensive study of the pleadings.

Since the days of the oral arguments, I’ve seen many predictions on the forthcoming decision in eBay.  I know Hal, and I know the effort he puts in to studying the cases he watches.  His is the only prediction I’m paying attention to.