Online Auctions Patented, eBay Sued
mattfusf writes "This article from News.com talks about a guy who has filed a lawsuit against eBay for patent infringment. Patent 5,845,265 covers a "method..for creating a computerized market for used and collectible goods""
I wonder when someone will think of patenting the act of "Filing a lawsuit for patent infringment". :)
"I love the smell of burning Karma in the morning." Codito Ergo Sum.
As far as I understand it, when one party takes another to court over patent infringement, the validity of the patent in question is not ever an issue. It's only about whether or not that patent has been infringed. The party being sued would have to have the patent invalidated in a seperate case, and presumambly have that done before the conclusion of the original infringement case.
Presumably this is to prevent every patent infringement hearing turning into a patent validity hearing.