eBay Inc. Statement on District Court Ruling in MercExchange v. eBay Case

SAN JOSE, Calif.--(BUSINESS WIRE)--eBay Inc. (Nasdaq:EBAY)(www.ebay.com) released the following statement in response to the December 11, 2007 District Court ruling in the MercExchange v. eBay case.

“We are disappointed with the court’s order and we plan to appeal it. In its ruling, the court concluded that it did not have the legal right to consider the merits of our arguments concerning the '265 patent, but rather was required to reject our motions based on the procedural posture of the case. We intend to appeal the Court's ruling on the procedural issues and remain confident that after the appeal, the Court will consider our arguments on their merits.

“Additionally, our motion for summary judgment that our 2003 design-around was effective and there is no ongoing infringement of the ‘265 patent, and that no further damages are due, also remains pending before the court.

“We remain pleased with other developments in this ongoing case, including the decision by the United States Court of Appeals to invalidate another patent in this case; the May 2006 unanimous Supreme Court decision in eBay's favor on MercExchange's request for an injunction; and the District Court’s subsequent affirmation in September 2007 that no injunction is called for. We look forward to the opportunity to appeal yesterday’s District Court ruling.”

About eBay Inc.

Founded in 1995, eBay Inc. connects hundreds of millions of people around the world every day, empowering them to explore new opportunities and innovate together. eBay Inc. does this by providing the Internet platforms of choice for global commerce, payments and communications. Since its inception, eBay Inc. has expanded to include some of the strongest brands in the world, including eBay, PayPal, Skype, Shopping.com and others. eBay Inc. is headquartered in San Jose, California.