MERCEXCHANGE, LLC v. EBAY, INC.

Nos. 03-1600, 03-1616.

401 F.3d 1323 (2005)

MERCEXCHANGE, L.L.C., Plaintiff-Cross Appellant, v. eBAY, INC. and Half.Com, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

March 16, 2005.


Attorney(s) appearing for the Case

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.

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.

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


BRYSON, Circuit Judge.

MercExchange, L.L.C., is the assignee of three patents, U.S. Patent Nos. 5,845,265 ("the '265 patent"), 6,085,176 ("the '176 patent"), and 6,202,051 ("the '051 patent"). MercExchange filed suit against eBay, Inc.; Half.com, Inc.; and ReturnBuy, Inc., in the United States District Court for the Eastern District of Virginia, alleging willful infringement of the '265 patent by all three defendants, willful infringement of the '176 patent by eBay...

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