United States Federal Circuit

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MERCEXCHANGE v. EBAY, INC., 03-1600, 03-1616

In a patent infringement dispute concerning the fixed-price purchasing feature on an auction website, substantial evidence does not support the jury's verdict that defendant willfully induced infringement of a patent.

Appellate Information

  • Decided 03/16/2005
  • Published 03/16/2005


  • BRYSON, Circuit Judge., Before MICHEL, Chief Judge, CLEVENGER, and BRYSON, Circuit Judges.


  • United States Federal Circuit


  • For Appellant:
  • Scott L. Robertson, Hunton & Williams LLP, of Washington, DC, argued for plaintiff-cross appellant.   With him on the brief were Jennifer A. Albert and Brian M. Buroker.   Also on the brief were Gregory N. Stillman, of Norfolk, Virginia, and David M. Young, of McLean, Virginia.

  • For Appellees:
  • Jeffrey G. Randall, Skadden, Arps, Slate, Meagher & Flom LLP, of Palo Alto, California, and Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for defendants-appellants.   On the brief were Timothy S. Teter and Lori Ploeger, Cooley Godward LLP, of Palo Alto, California.   Also on the brief was Allan M. Soobert, Skadden, Arps, Slate, Meagher & Flom LLP, of Washington, DC.