Yesterday, the Federal Circuit rendered a nonprecedential decision in Wireless Agents LLC v. Sony Ericsson Mobile Communications, No. 06-1054.  The court affirmed the trial court’s decision to deny plaintiff-patentee Wireless Agents’s motion for a preliminary injunction.  It is mildly interesting that the court does not so much as mention the eBay case.  Why not?  Well, the denial of the preliminary injunction appears to have turned entirely on the fact that Wireless Agents is almost certain to fail on the merits of its infringement claim because of the claim construction that the trial judge adopted, and that the Federal Circuit has now affirmed.

Patent Hawk, at Patent Prospector, excerpts just the right portions in his excellent post on the case.