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Contribution to Book
The Case eBay Inc. vs. MercExchange LLC, It's Impact on NPEs and Patent Enforcement
IP Cases and Their Legacy (2010)
  • Severin de Wit
The article describes the impact of US court decision eBay vs. MercExchange on patent injunctions, seen from a European perspective. It deals with European equivalents of injunctive relief. Debates about Patent Reform have a tendency to evolve also around the issue of patent trolls and whether they constitute a threat to the patent system or to innovation (or both). As patent trolls produce no goods, nor do they "practice" the patented invention themselves, trolls have been labeled a "threat" to operating companies. Authors defends that NPEs have gone through considerable effort to locate and acquire patents that remain undervalued, unused or overlooked by industry, or "operating" companies. One way of looking to this is that NPE's acquire patents that "operating companies" have either missed, ignored, dismissed or simply overlooked, despite sophisticated databases offering all the opportunity to explore what is being patented in a certain technical area.
  • eBay,
  • injunction,
  • patent troll
Publication Date
Fall October, 2010
Christopher Heath, Anselm Kamperman Sanders
Kluwer Law International
Citation Information
Severin de Wit. "The Case eBay Inc. vs. MercExchange LLC, It's Impact on NPEs and Patent Enforcement" IP Cases and Their Legacy (2010)
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