Comments on: Supreme Court rules in favor of eBay

Justices order a lower court to review the case and consider a medley of factors before issuing patent injunctions.

[baswwe]

but amazon is allowed to enfoce its one click patent?? BULLCRAP

If Ebay is infringing - they need to STOP it or PAY royalties.

They are hurting the other companies business.

[2lazy2work.com]

They aren't hurting the other companies biz

the other company isn't using the patents so it isn't hurting them -- it just isn't helping them through royalties.
"When eBay lost its patent infringement suit, the district court denied MercExchange an injunction, in part because the company appeared willing to license its patents and did not practice its patents in commercial products."

I want to patent butt whiping

Now if I get my way everyone on the planet who practises this will have to lisence my patent.

I do not think that I should be able to patent actions, only solid products, or implementations in products. The buy it now feature is such a no-brainer I cannot believe they issued a patent in the first place.

In another example: can you patent the act of pushing a button to turn the power on to a device? Imagine how lucrative a Patent troll horde that would be.

I hope that one day we adopt the European trademark laws. They make more sense and free the courts for real business.

[TMB333]

Prior Art is Still a Factor

The main differences between your 'desired' patents and the one in question here is all about Prior Art. You cannot patent 'butt wiping' or 'button pushing' simply because you didn't come up with the idea first.

MercExchange in this case has the court's recognition that they are the 'inventor' of the 'Buy it Now' concept. The whole issue that this particular article focuses on is not about whether or not eBay infringed on their patent, it's about what actions to take while the settlement is dealt with in court. i.e. Should an Injunction be put into place?

Even though I do agree that some of the types of patents handed out nowadays are VERY questionable, there still needs to be a means for inventors to protect their intellectual property. The Patent Board needs to have new guidelines and methods put into place in order to deal with an industry that the current patent system wasn't designed for.

[brmay5]

US legal system needs change

Anyone who sues must pay heavy compensation if they don't win.
Lawyers must be banned. That'll force them to find an honest means of living.