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IBM Sues Amazon Over Web Patents (Reuters)

Reuters reports that IBM is suing Amazon over infringement of some of its software patents. "The suits say Amazon violates IBM patents covering such features as allowing users to order items from an electronic catalog, displaying advertising in an interactive service and storing data in an interactive network."
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IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 17:41 UTC (Mon) by JoeBuck (subscriber, #2330) [Link]

Maybe this is a good thing: most of the e-commerce patents are blindingly obvious, and a court battle with two well-funded adversaries should get a lot of them tossed out.

If not, the ridiculousness of the patents that survive might help win the battle against software patents in Europe, and it will be amusing to see e-commerce move offshore.

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 18:23 UTC (Mon) by allesfresser (subscriber, #216) [Link]

This lawsuit wouldn't be the place to get a patent invalidated, would it? Doesn't the USPTO have to rule on it for that to happen?

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 20:34 UTC (Mon) by louie (subscriber, #3285) [Link]

A court can find a patent invalid, if the defendant makes that argument in its defense. But it isn't likely to happen- one of the tests a court is supposed to use in determining the validity of a patent is the commercial value of a patent, so if you have 180+ people already paying you a license fee for the patent, then you've got a pretty strong argument in your corner. (Mind you, this is a stupid test that encourages large patent holders to offer small companies the option of small license fees or large legal fees, and then use their acceptance of small license fees as proof of the validity of the patent, but it is a test the courts use.)

Besides, Amazon wants no parts of any decisions that might weaken the patent system overall, so they're not likely to argue invalidity in any way that is generally useful in attacking patents. They'll only argue in ways that are very specific to these patents- and I'm guessing IBM has chosen only the most airtight of patents just for that reason.

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 18:32 UTC (Mon) by AJWM (subscriber, #15888) [Link]

This will all get settled by some cross-licensing agreements and perhaps a bit of cash.

I don't know if this is IBM's shot across the bows because of some of Amazon's sillier patent applictions (and even sillier patent grants), but I'd be surprized if it went vary far.

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 27, 2006 20:23 UTC (Fri) by giraffedata (subscriber, #1954) [Link]

This will all get settled by some cross-licensing agreements and perhaps a bit of cash.

I don't think so. According to the article, IBM tried to get such agreements for four years and as IBM tells it, Amazon wouldn't even discuss it.

So unless you think that was because Amazon assumed IBM wouldn't bother to file a lawsuit, you shouldn't expect Amazon to start negotiating now.

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 19:04 UTC (Mon) by MisterIO (subscriber, #36192) [Link]

What I thought when I read about what kind of patents were infringed was : "AhAhAhAhAhAhAhAhAhAhAhAh".How could anybody create a law like this?
1) allowing users to order items from an electronic catalog
2) displaying advertising in an interactive service
3) storing data in an interactive network
and then maybe
4) allowing users to order items from a non electronic catalog
5) displaying advertising in a non interactive service
6) storing data in a non interactive network
What happens if someone has all of them?Isn't this law an easy way tocreate monopolies?

P.S. Is there a way to create a patent like : making sex with women?

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 19:59 UTC (Mon) by tjc (subscriber, #137) [Link]

P.S. Is there a way to create a patent like : making sex with women?
Yes, I have a patent on that. Would you like to purchase a license?

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 21:45 UTC (Mon) by ms (subscriber, #41272) [Link]

> Yes, I have a patent on that. Would you like to purchase a license?

Does that not make you a pimp? ;-)

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 22:01 UTC (Mon) by tjc (subscriber, #137) [Link]

Does that not make you a pimp? ;-)
No, I'm a businessman. :-)

Notice: I am not, nor have I ever been, a pimp.

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 25, 2006 14:04 UTC (Wed) by allesfresser (subscriber, #216) [Link]

Remember, patent trolls don't usually have anything to do with the actual use of the patents. :-)

... on the Internet!

Posted Oct 24, 2006 1:19 UTC (Tue) by dark (subscriber, #8483) [Link]

Fortunately, there is extensive prior art on "having sex with women". You could only patent a novel and non-obvious variation, such as "having sex with women... on the Internet". That one will be granted as long as there is no previous patent covering the exact same thing. Well, actually, you still have a chance even then, considering that there were two patents on LZW compression. So, really, it's not that bad.

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 25, 2006 9:56 UTC (Wed) by stijn (subscriber, #570) [Link]

It is already covered by the wider patent on "interaction or abstinence of interaction with animate or inanimate beings". Although some argue it lacks enough specificity to hold up in court.

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 23, 2006 23:26 UTC (Mon) by dmarti (subscriber, #11625) [Link]

IBM does have the patent on reserving exclusive use of a restroom, so if you're in line behind an IBM executive, be careful -- you're probably infringing the patent if you don't barge in.

IBM Sues Amazon Over Web Patents (Reuters)

Posted Oct 24, 2006 11:55 UTC (Tue) by job (subscriber, #670) [Link]

Oh, the irony...

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