05 130 Ebay Inc. V. Mercexchange Decision Below:401 F3d 1323 In ...
05-130 EBAY INC. V. MERCEXCHANGE
DECISION BELOW:401 F3d 1323
LOWER COURT CASE NUMBER: 03-1600, 03-1616
QUESTIONS PRESENTED:
Whether the Federal Circuit erred in setting forth a general rule in patent cases that
a district court must, absent exceptional circumstances, issue a permanent
injunction after a finding of infringement.
CERT. GRANTED 11/28/2005
IN ADDITION TO THE QUESTION PRESENTED BY THE PETITION, THE
PARTIES ARE DIRECTED TO BRIEF AND ARGUE THE FOLLOWING
QUESTION:
"Whether this Court should reconsider its precedents, including Continental Paper
Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405 (1908), on when it is appropriate
to grant an injunction against a patent infringer."