EBay to appeal infringement ruling

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EBay inc. will appeal a federal judge's decision earlier this week relating to its long-running patent dispute with MercExchange.

US District Court Judge Jerome Friedman approved a roughly $30 million judgment against eBay in the four-year-old case that revolves around eBay's Buy It Now option. MercExchange contends the offering, which sells merchandise at a fixed price instead of fluctuating bids, infringes on its patented technology.

“We are disappointed with the court's order,” eBay said in a statement. “In its ruling, the court concluded that it did not have the legal right to consider the merits of our arguments concerning the '265 patent, but rather was required to reject our motions based on the procedural posture of the case. We intend to appeal the Court's ruling on the procedural issues and remain confident that after the appeal, the Court will consider our arguments on their merits.”

A motion for summary judgment that eBay's 2003 design-around was effective and there is no ongoing infringement remains pending.

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