Oral Argument of the Day: eBay v. MercExchange

Believe it or not, the twentieth anniversary of the Supreme Court decision in eBay v. MercExchange is quickly approaching — it will be twenty years in May of 2026. The oral argument in this case took place before oral arguments of the Supreme Court were timely available. I thought it might be of interest to some to post the oral argument.

With almost twenty years of hindsight, I found it interesting to look back on some of the judges’ comments.

You can listen to the oral argument here:

Here are some sound bites from the oral argument:

Justice Scalia on the patent right:

Chief Justice Roberts on the improper concern over business method patents:

Justice Breyer’s concern that in 2006 A&P might patent the method of running a supermarket — and some people say that the Supreme Court doesn’t understand patent law . . . . :

Seth Waxman referencing “self-proclaimed” intellectual property professors signing on to amicus briefs:

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