U.S. District judge Jerome Friedman, in Norfolk, VA, rejected EBay's request to overturn a jury's 2003 finding of willful infringement in the patent lawsuit brought by MercExchange LLC. The patent in suit was allegedly infringed by EBay's "Buy it Now" feature.
MercExchange said it estimates Buy It Now sales account for 39 percent of EBay's revenue.In July, Friedman decided that EBay could continue to use the Buy It Now feature despite the jury's verdict that it violated MercExchange's patent. MercExchange wasn't harmed by the decision because it made money licensing patents, Friedman said.
EBay intends to appeal Friedman's decision, which would award about $30 million to MercExchange.