Ebay Inc., et al. v. Mercexchange, L. L. C. (547 U.S. 388)
U.S. Supreme Court · decided May 15, 2006 · Supreme Court Database (Spaeth)
- Citation
- 547 U.S. 388 · 126 S. Ct. 1837
- Decided
- May 15, 2006
- Term
- October Term 2005
- Vote
- 9–0
- Majority author
- Justice Thomas
- Issue area
- Economic Activity
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
547 U.S. 388 (2006) EBAY INC. et al. v. MERCEXCHANGE, L. L. C. No. 05-130. Supreme Court of United States. Argued March 29, 2006. Decided May 15, 2006. Carter G. Phillips argued the cause for petitioners. With him on the briefs were Richard D. Bernstein, Virginia A. Seitz, and Allan M. Soobert. *389 Jeffrey P. Minear argued the cause for the United States as amicus curiae in support of respondent. With him on the brief were Solicitor General Clement, Assistant Attorney General Barnett, Acting Assistant Attorney General Katsas, Deputy Solicitor General Hungar, Anthony J. Steinmeyer, David Seidman, Mark R. Freeman, John M. Whealan, Cynthia C. Lynch, and Heather F. Auyang. Seth P. Waxman argued the cause for respondent. With him on the brief were Paul R. Q. Wolfson, Scott L. Robertson, Gregory N. Stillman, Jennifer A. Albert, David M. Young, and Brian M. Buroker. [*] *390 JUSTICE THOMAS delivered the opinion of the Court. Ordinarily, a federal court considering whether to award permanent injunctive relief to a prevailing plaintiff applies the four-factor test historically employed by courts of equity. Petitioners eBay Inc. and Half.com, Inc., argue that this traditional test applies to disputes arising under the Patent Act. We agree and, accordingly, vacate the judgment of the Court of Appeals. I Petitioner eBay operates a popular Internet Web site that allows private sellers to…
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