A federal court turned down a request from patent-holder MercExchange to hit eBay with an injunction that would stop the site from offering 'Buy it Now' as a purchase option.
However, eBay could still be on the hook for $25.5 million in damages.
They probably wouldn't mind paying that sum, as the greater ramifications of the federal court's decision could make eBay a winner on a broader scale.
A review of the earlier decision by the Supreme Court, which remanded the case back to the appellate level, showed the higher court believed MercExchange's claims did not pass a four-factor test.
Such a test has been a long tradition in considering infringement.
It's a determining factor in whether or not an injunction should be issued.
The one issued earlier by the appeals court against eBay's use of 'Buy it Now' did not consider this test.
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