IBM Sues Amazon For Patent Infringement

A large number of readers wrote in about IBM suing Amazon over commerce patents. The Ars Technica coverage linked is one of the few sources that goes beyond the brief AP or Reuters stories that everyone is running. Here is IBM's press release. Some of the patents in question go back to the 80s and they do seem to pretty much wrap up the idea of online commerce, if they prove valid. IBM says many others are licensing the patents but Amazon won't give them the time of day on the subject.

Comments

An old slogan comes to mind

[Kelson]

As crazy as this patent insanity gets, I can't help but think of the phrase, "Live by the sword, die by the sword."

what IBM wants

[wardk]

IBM just wants amazon to let them use the heralded one-click "invention" without royalties. this is their first offer.

Re:But if

[Phillup]

Normally I'd say you have a point, because I agree that the patent system is a load of BS, but at the time in which the patent was filed, I would very much doubt that e-commerce was as "fundamental" as you make it out to be.

Name a form of communication that has NOT been used for commerce.

No Kidding.

[pavon]

IBM's patent portfolio is truly frightening in that the only thing preventing it from doing massive harm to the industry is self restraint and the enlightened self interest of wanting to remain relevant in the industry. Let's just hope their business never goes south. If you thought that the IP trolls that make money by buying the patents portfolios of failed start-ups was bad, just imagine the hell that will be unleashed if IBM enters a downward spiral and decides to "refocus the company revenue strategies on their intellectual property licensing opportunities".

Re:Nothing for you to see here. Please move along.

[Mydron]

Without reading the actual applications, it sounds to me like that covers like 99% of anyone selling or storing anything on-line. I mean, WTF?

Here's a tip: a patent's legal boundaries are NOT defined by it's title. As disappointing as it might be, you actually do have to read the patent and, in particular, its claims. The claims of a patent (in light of the patent's specification) define it's legal boundaries. Even the specification itself is not enough. I could describe every conceivable phenomena in the universe and the allowed claim might read: "A red thimble made out of tin with thirteen divots arranged in a circular pattern on the exterior of said thimble." Clearly I've patented much less than all conceivable phenomena.

The title of a patent is intentionally broad. The issue is that otherwise patent infringer's can argue in court that they earnestly looked for applicable patents before they implemented their widget but they couldn't find any such patents. They will argue that if they did infringe they did so by accident. (Patent holders get thrice damage from infringer's who willfully infringe compared to infringer's who do so by accident.) A patent holder doesn't care to entertain such arguments so they intentionally title their patents very broadly, thus ameliorating the issue.