eBay v. MercExchange (on writ of certiorari 2006).
EBay has filed its reply brief, and the stage is now set for a March 29, 2006 hearing before the Supreme Court in this important case. In the reply, eBay essentially argues injunctive relief at least requires that the plaintiff suffer “irreparable injury [without] an adequate remedy at law,” and that MercExchange has no such injury.
At its base, eBay’s argument is that by licensing its patent, MercExchange has shown that it is willing to take money in exchange for allowing would-be infringement. Consequently, MercExchange cannot now argue that monetary damages are “inadequate.”