Be Careful What You Wish For...

The eyes of the patent world were on Seattle this week as an Order denying injunctive relief was handed down in the ongoing Microsoft v. Motorola heavyweight title bout.

While I will leave it to others to discuss the minutiae and determine the implications for the industry, the main question on my mind is whether this is what Motorola and other large companies had in mind when they welcomed the decision in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006).

Now admittedly, I do not know whether Motorola ever considered itself victimized by "patent trolls" or whether it held the view that patents, and in particular injunctions, should be reserved only for "serious" and "established" businesses.  But I have a sneaking suspicion that Motorola, its lawyers, and others in similar situations might well be thinking, "Hey!  This isn't how eBay was supposed to work."

For grins, check out the docket sheet for the case as well.  More than thirty-four pages just to list the lawyers involved. (As a former big firm mouthpiece myself, I can well understand the pressure to hit your hours, particularly in a soft economy.)


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