Based on oral arguments, pundits see a potential split decision in the eBay v. MercExchange injunction case. Justice Scalia is likely to support strong property rights (“You’re talking about a property right, and the property right is explicitly the right to exclude others.”) while Justice Breyer may side with eBay.
Chief Justice Roberts, who would be expected to support strong property rights, appeared to question the validity and definiteness of the MercExchange patent.* Decision in June
- AuctionBytes (Ina Steiner has been following this case for years).
- SCOTUS Blog (Goldstein & Howe’s excellent Supreme Court analysis).
NOTE: I did not attend the arguments, but am simply reporting second-hand information. DDC