Civil Action No. 2:01-CV-736
U.S. District Court for the Eastern District of Virginia
Walter E. Hoffman United States Courthouse
600 Granby Street, Norfolk, VA 23510
Clerk's Office Telephone Number: (757)222-7201
Civil: http://www.vaed.uscourts.gov/locations/nor.htm
- 6 August 2003 Final Order and Opinion
(Excerpt)
On May 27, 2003, after a five-week jury trial, the
jury returned a verdict finding the defendants liable
for $35 million for willfully infringing the plaintiff's
patents, U.S. Patent Nos. 6,085,176 and 5,845,265.
For the defendants to now argue that they were surprised
or unprepared for trial on this issue is somewhat
disingenuous . . . [t]he plaintiff offered a great
amount of evidence to prove to the jury that the
defendants are indeed trusted networks, including
escrow services, conflict resolution services, insurance,
payment intermediaries, authentication services,
feedback forum, and the policing of the system.
This evidence was certainly sufficient to meet the
plaintiff's burden by a preponderance of the evidence.
The court believes that the jury was entirely reasonable
in finding that the defendants did not meet their
burden [on invalidity].
Download:
Order (PDF Format 4.57 Mb)
- 13 November 2002 Hearing (Excerpt)
THE COURT: You know, in deciding whether or not
to take this hearing, I had to choose between this
hearing and a root canal, and the only reason I
didn't take the root canal was, I couldn't get an
appointment. I don't mean to be frivolous, but I
said that for a particular reason.
I had a discussion with Judge Friedman earlier this
week about this case, and I want everybody to understand
that we're rapidly approaching the time where there
may well be sanctions imposed by the court against
the parties for the way you all are conducting this
case because what's happening is, the legal issues
in this case are getting bogged down into nonsense
that the attorneys are engaging in, and it is extremely
distressing to me, and I want to give you an example.
I looked at this motion for contempt [of Mr. Omidyar]
and the motion had, in support of it, a number of
transcript hearings, some of which I found to be
exceptionally enlightening about what is going on.
"Physically, where did you search for the responsive
documents?" a question by Mr. Robertson to
Mr. Omidyar.
"MR. RANDALL: Objection, assumes facts not
in evidence."
I don't know what facts were assumed not in evidence,
Mr. Randall
Your answer continues: "Also, I will caution
you not to reveal any privileged communications."
Now, I looked at several of the excerpts in which
there are serious interruptions to the testimony
being given for not one bloody legitimate or valid
reason, period. In fact, to be frank, Mr. Randall,
just looking at the excerpts, if I had been present
when the deposition was going on or had been called
while the deposition was going on, I'd have told
you to go back to your firm and get somebody from
your firm who knows how to depose or go into the
hearing, because a lot of the objections are just
designed to disrupt the discovery that is being
taken, and that's all.
Download:
Order (PDF Format 7.6 Mb)
- 21 October 2002 Order Denying eBay’s
Motion for Invalidity; Granting in Part and Denying
in Part eBay's Motion for Invalidity; and Granting
in Part and Denying in Part MercExchange's Motion
for Judgment on eBay's § 112 Defense
Download:
Order (PDF Format 1.2 Mb)
- 18 October 2002 Markman Order and Opinion
Download:
Order (PDF Format 5.2 Mb)
- 10 July 2002 Order Denying eBay’s
Motion for Invalidity
Download:
Order (PDF Format 2.2 Mb)
- 21 November 2001 Order and Opinion Denying
eBay’s Joint Motion to Transfer
Download:
Order (PDF Format 1.58 Mb)
- 21 November 2001 Amended Complaint for
Patent Infringement
Download:
Document (PDF Format 2.1 Mb)
|