MercExchange Wins Judgment Against eBay

    December 12, 2007

The Federal District Court in Norfolk, Virginia, has entered a final judgment on damages related to a patent lawsuit against eBay.

In 2003 a jury found eBay guilty of intentional infringement of MercExhange’s ‘265 patent and awarded damages. Judge Friedman granted MercExchange’s motion to certify the judgment.

MercExchange said the amount of the judgment with interest, is about $30 million. eBay earlier had changed its second quarter 2003 results to show an operating charge in the amount of $30 million.

Still pending before the court, is a motion by MercExchange which will require eBay to account for additional revenues received since the jury’s verdict through its fixed price sales. Currently those sales account for approximately 39 percent of eBay’s entire revenues.

 "eBay was found to be a willful infringer of our patents over four and one-half years ago, and we are now proceeding to the conclusion of their expensive legal delays," MercExchange President Thomas Woolston said.

"We look forward to returning to District Court to account for eBay’s continuing post-trial infringement, and to completing our appeal of the denial of an injunction against eBay fixed price sales with the Court of Appeals for the Federal Circuit."