Talk:EBay Inc. v. MercExchange, L.L.C.

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[edit] Conclusion?

Thanks for add a conclusion, but I question part of it: "Thus, the Roberts opinion would seem to lean more heavily in favor of granting an injunction, while the Kennedy opinion expresses more skepticism, particularly where the validity of the patent has also been challenged and remains unsettled."

I know that eBay's challenge to the '265 patent came up in oral arguments, but that isn't the focus of Kennedy's opinion. A better summation might be: "Thus, the Roberts opinion would seem to lean more heavily in favor of granting injunctions in patent cases, while the Kennedy opinion expresses more willingness for district courts to consider the changing nature of patents."--agr 04:42, 16 May 2006 (UTC)

The phrase "particularly where the validity of the patent has also been challenged and remains unsettled" is nonsense. After a trial and after the appeal, the validity of the patent has been settled. Never been to spain 13:01, 27 July 2006 (UTC)

-- I agree that the phrase is nonsense, especially since the district courts who have followed Kennedy's concurrence have not even discussed that sentence. Morscs5 17:44, 20 November 2006 (UTC)

[edit] Introduction

"that a federal court must weigh the four factors traditionally used to determing if an injunction should issue even where the that court had found infringement of a patent."

Huh? —The preceding unsigned comment was added by 213.221.237.7 (talk • contribs).