Quimbee logo
DMCA.com Protection Status
From our private database of 16,200+ case briefs...

eBay, Inc. v. MercExchange, LLC

United States Supreme Court
547 U.S. 388 (2006)


MercExchange, LLC (“Merc”) (plaintiff) holds a patent for an electronic market designed to facilitate the sale of goods between private individuals by establishing a central authority. eBay, Inc., and a subsidiary, Half.com, (defendants) operated Internet websites which used a similar electronic market system allowing private sellers to list goods they would like to sell to buyers, either through an auction or at a fixed price. Merc unsuccessfully tried to license its patent to eBay and Half.com. Merc then filed a patent infringement suit against both companies in the U.S. District Court for the Eastern District of Virginia. A jury found that eBay and Half.com had infringed on Merc’s patent and assessed damages, but the court denied Merc’s motion for a permanent injunction preventing eBay and Half.com from operating their websites. Merc appealed and the court of appeals reversed, applying its “general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances.” eBay and Half.com’s petition for certiorari to the U.S. Supreme Court was granted.

Rule of Law


Holding and Reasoning (Thomas, J.)

Concurrence (Roberts, C.J.)

Concurrence (Kennedy, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 349,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,200 briefs, keyed to 222 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.