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MORGAN AND FINNEGAN PREPARES AMICUS BRIEF IN U.S. SUPREME COURT IN EBAY V. MERCEXCHANGE, L.L.C.

 

Date: 01/26/06

Morgan & Finnegan filed an amicus brief on behalf of IBM in the case of eBay v. MercExchange, LLC. This case is pending before the United States Supreme Court. The Court is considering the application of permanent injunctions in patent cases. This case could have important ramifications for the enforcement of patents because the Court is reconsidering Continental Paper Bag Co. v. Eastern Paper Bag Co., 210 U.S. 405 (1908) and the Federal Circuit's application of that case to create a general rule that a permanent injunction will issue in a patent case once infringement liability is established.

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