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Patent Law Keyed to Adelman
eBay, Inc. v. MercExchange, L.L.C.
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff held a business method patent for an electronic sales market using a central authority. Plaintiff tried to license its patent to Defendant, but they could not reach an agreement. Defendant proceeded with its website which allowed private sellers to list goods for sale at auction or at a fixed price. Plaintiff filed suit for patent infringement. A jury found the patent valid and awarded damages to Plaintiff for Defendant's infringement. Plaintiff filed a motion for a permanent injunction and it was denied by the district court. Plaintiff appealed and the Federal Circuit reversed based on the general rule that courts will grant permanent injunctions in patent infringement "absent exceptional circumstances." Defendant filed its petition for a writ of certiorari, which the Supreme Court granted to determine the appropriateness of the general rule on permanent injunctions in patent infringement cases.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.