RE: more on eBay Inc. v. MercExchange - Moxa
posted on
May 20, 2006 01:51PM
Moxa, I believe you are correct, however, should we win in Texas, according to the recent posting, it is now possible that the J3 can appeal to a higher court with no immediate economic repercussions in the form of an injunction…corrections welcome. Now in a similar patent case (TiVo vs. Echostar), TiVo won their case against Echostar (Dish) and are seeking immediate injunctions against Echostar. IMHO, TiVo has the right to seek injunctions because they (TiVo) produce products using the infringed upon technology, and Echostar is not in the DVR business therefore public interest would not be disserved by a permanent injunction since Echostar customers can continue to receive Dish services and get their DVR elsewhere. In PTSC’s case, if we win in Texas, than the infringers can just prolong the process with no immediate damage to their revenue stream. An immediate injunction might persuade them a little. So, I agree with what you are saying, however, I am saying that if we had the ability to seek injunctions than we might see settlements quicker. Now, with all this said, I am not an attorney so my thought process may be riddled with errors, so I will let the attorneys on this board provide us with the correct answers. Anyways, thanks for the interesting discussion. GLTA