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Justices Appear Torn in eBay Patent Case
Two veterans of the U.S. Supreme Court bar argued forcefully ' and inconclusively ' last month in a high-stakes dispute over how easy it should be for a patent holder to win an injunction against an infringer.
From the tenor of the questioning in eBay v. MercExchange, justices seemed closely divided over the issue, alternately sympathetic toward Sidley Austin Brown & Wood's Carter Phillips, arguing his 49th case at the court, and then toward his adversary, Wilmer Cutler Pickering Hale and Dorr's Seth Waxman, appearing before the high court for the 47th time.
The case has drawn wide interest, with businesses lining up on both sides. Some companies, including Intel, are siding with eBay, expressing concern that the holder of a single patent that covers one of thousands of processes inside a product could bring down that product too easily by obtaining a paralyzing injunction. The recent patent dispute that almost crippled BlackBerry service is cited as a prime example.
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