The Register is
reporting a case where eBay is complaining about possibly having to stop a popular feature because it is being found to be in violation of a patent owned by another company that is not in fact using the patent itself.
eBay argues that patent holder MercExchange does not make use of its own patents and exists only to sue others. It says MercExchange should therefore not be entitled to an injunction, and a damages award should suffice. MercExchange denies the claims about its own business model; but regardless of the facts, the issue raised by eBay has divided the business community.
Oracle, Microsoft and Intel have supported eBay, filing a joint brief that argues that courts must have discretion to grant or refuse injunctions in patent disputes. The patent may relate to only a tiny part of a company's product or service, they point out; injunctions can be a disproportionate remedy. They say the injunction rule "has transformed patents into a powerful tool for litigation abuse".
As the Register notes this is similar to the complaint RIM had with NTP. I'm not clear what the answer is, but it seems to me that if the patent owner is not using his patent and you are the only person using it, then it is likely that the patent owner is little more than a legally sanctioned blackmail/protection racket.