3 December – LAWFUEL – The Law News Network – On November 28, the U.S. Supreme Court granted eBay Inc.’s petition for certiorari in the case of eBay Inc. v. MercExchange. Skadden is representing eBay in the case, in which the high court will consider the issue of whether federal courts have the discretion to decline to issue injunctions in appropriate circumstances, such as where the patent holder does not itself practice the patented invention and exists only to sue others.
The issue is of critical importance to U.S. patent law and is being closely watched by the technology industry. In another significant business-related case before the high court this term, Skadden is representing Merrill Lynch in Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Dabit.
