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eBay in 'Buy It Now' Patent Dispute

Posted by ryuzaki0 on from the buy-it-later dept.

smooth wombat writes "The Office of the Solicitor General of the United States has filed a brief with the Supreme Court, taking the side of MercExchange who is in a patent dispute with eBay over eBays Buy It Now feature. Two lower courts have already upheld MercExchange's patents including finding that eBay had willfully infringed on the Buy It Now patent. Later this month the U.S. Supreme Court will hear oral arguments. The Office of Solicitor General is arguing eBay should be barred from using Buy It Now due to the decision of two lower courts that upheld MercExchange's patents. eBay is arguing that infringements should not automatically result in injunctions and shutdowns."

16 of 292 comments (clear)

  1. Wave bye-bye to karma... by kbonapart · · Score: 4, Funny

    Wait! Does this mean I'm going to lose the "Buyout" function in the AH in Og?

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    There are no gods but ourselves.
  2. To be followed by... by alexhs · · Score: 3, Funny

    ... a dispute about the patented concept of "internet commerce".

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    I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
  3. Buy it now - NOW! by digitaldc · · Score: 5, Funny

    This one involves eBay and a company called MercExchange LLC, which says eBay's popular "Buy It Now" auction feature violates patents held by MercExchange.

    Solution, put the 'Buy it Now' patent on sale on eBay using the 'Buy it Now' feature for $50 million. Ebay will buy it then, and the problem is solved.

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    He who knows best knows how little he knows. - Thomas Jefferson
  4. Real store patent? by ClockN · · Score: 3, Funny

    So who owns the patent for selling items in the first place? Is the idea of having a store or a shop with item for sale inside with a price sticker patented? Quick somebody get me a patent attorney!

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    There are 10 types of people in the world... those who understand binary and those who don't.
  5. Waaah by truthsearch · · Score: 2, Funny

    eBay is arguing that infringements should not automatically result in injunctions and shutdowns.

    "Yeah, we know we've been found guilty of using something illegally... but that doesn't mean we should be stopped from using it! C'mon!"

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    Developers: We can use your help.
  6. So this is why... by Saeed+al-Sahaf · · Score: 5, Funny
    That rhetorical trick is good for scoring on sophomore girls who don't know any better, but not for serious intellectual discussion.

    This explains my inability to get laid in high school: It never occurred to me to discuss the politics of patent law with my dates...

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    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  7. Workaround by peaworth · · Score: 5, Funny

    Workaround -
    A button that says:
    Buy it... wait... Ok, now

  8. In other news. . . by AcidLacedPenguiN · · Score: 3, Funny

    In an effort to curb any patent infringement issues, Walmart Corporation removes cash registers in all stores opting instead for making customers wait 3 days and 12 hours and 39 seconds before paying for merchandise.

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    disclaimer: I've been known to store numbers in my ass for which to dig out when quantities are required.
  9. Re:Non-obvious? by kuwan · · Score: 3, Funny

    Well, duh! It's on the Internet! Nobody in the world would ever think to do that! New medium equals new patent!

    Like email on a cell phone. I should patent that! Errr, wait, did someone do that already? OK, I'll patent auctions in space and email in space, I don't think anyone's done that yet.

    It's all just a load of crap.

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    infested with jello like fishes no melotron wishes
  10. Re:How is this an "Invention"? by SomeoneGotMyNick · · Score: 4, Funny

    Please Sir,

    You should limit your statements to newspaper print only. You are violating my patent on editorializing via electronic media.

  11. add ".. on the internet" to fortune cookie by GodWasAnAlien · · Score: 4, Funny

    This is similar to the "add 'in bed' to fortune" joke.
    Except this is the business model.

    Add "on the internet" to your fortune or anything else.
    It is patentable, unless someone beat to to it.

    Examples:

    Fortune says: "Don't wait for happiness, buy it now"
    Patent: Buy it now ... on the internet

    Fortune: Do not sell your horse, if you can instead sell you cat.
    Patent: Online cat bidding system

  12. In other news... by just_forget_it · · Score: 4, Funny

    MerchExchange and Ebay are both being sued by the ghost of Adam Smith for Intellectual Property theft of "Economics."

  13. Look over there! by dtfinch · · Score: 2, Funny

    Someone's using an innovative idea. Lets punish them!

  14. Re:My new patent is the best of them all by Scarletdown · · Score: 4, Funny
    I've called this process "taking a crap" and any American wishing to produce a bowel movement will shortly be in breach of my patent.


    Would just calling it something different such as deploying the troops or dropping the kids off at the pool be a way around your patent?

    Also, you could probably get this patent passed easier if you make it "Taking a crap on the Internet." Then again, there's some prior art for that (spammers, AOL, and Internet Explorer, for example). ;)

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  15. Can I patent this? by grumpyman · · Score: 2, Funny

    "Do not pay until 2007"!!!

  16. Following their lead, my next patents will be.... by rubberbando · · Score: 1, Funny

    The "Patent it now!" button followed by the "Sue them now!" button.

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    DEAD DEAD DEAD DELETE ME