eBay Statement on U.S. Supreme Court Ruling in MercExchange Case
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[November 28, 2005]

eBay Statement on U.S. Supreme Court Ruling in MercExchange Case

SAN JOSE, Calif. --(Business Wire)-- Nov. 28, 2005 -- The United States Supreme Court has agreed to hear eBay's (Nasdaq:EBAY) appeal of an appellate ruling which overruled a trial court decision not to grant an injunction in the MercExchange v. eBay case. At issue in the case is whether district courts have the discretion to decline to issue injunctions in appropriate circumstances.


eBay is gratified that the Supreme Court has agreed to hear this important case. We have believed all along that MercExchange -- which does not practice its own patents and only exists to sue others -- should not be entitled to an injunction. eBay is looking forward to presenting its case to the Supreme Court.

This ruling is the latest in a series of recent developments for eBay in its case against MercExchange. In March, the US Court of Appeals issued a ruling that invalidated one of MercExchange's patents, and as a result, threw out all related damages. In early 2005, the U.S. Patent and Trademark Office initially rejected all the claims of MercExchange's two remaining patents in the case.


About eBay Inc.

Founded in 1995, eBay pioneers communities built on commerce, sustained by trust, and inspired by opportunity. eBay enables ecommerce on a local, national and international basis with an array of websites -- including the eBay Marketplace, PayPal, Skype, Kijiji, Rent.com and Shopping.com -- that bring together millions of buyers and sellers every day.

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