Amazon Cries 'Uncle' to End IBM Patent Feud
theodp writes "Amazon will pay an undisclosed amount to IBM to settle a long-running patent feud, and the two companies have agreed to a long-term patent cross-licensing agreement. Information Week wonders if an insurance dispute prompted Amazon's settlement, noting that Atlantic Mutual sued Amazon back in March to escape any obligation to reimburse the e-tailer should it lose the case brought by IBM. Amazon had relied on Atlantic Mutual's backing in an earlier legal battle it waged against tiny InTouch. 'Amazon, whose chief executive, Jeff Bezos, is a vocal advocate of patent reform, has had numerous patent issues in the past. In 2005, the technology used in its 1-Click checkout system came under scrutiny as potentially infringing upon a similar product made by a small Virginia-based company called IPXL Holdings. Meanwhile, the US patent system itself is experiencing growing pains as Congress continues to explore the possibility of updating it to better serve the needs of the 21st-century business world.'"
There is always someone bigger than you.
Weaselmancer
rediculous.
That's what patents are for, right? Serving the needs of the business world. Not fostering innovation amongst Citizens of the United States. Nope. Serving the needs of the business world.
Just like Congress itself, I suppose.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
No one knows what "cries uncle" means anymore. Let's use the modern version:
"Tapped Out!"
The timing is intersting given the new ruling on Obviousness. I wonder if a lot of patent things will settle to avoid litigation and thus potential re-examiation. It would seem like IBM would press to settle, but prehaps IBM thretened to instigate a reexamation of Amazon patents. I would not be susprised is everyone is spooked and with the insurance thing Amazon agreed to a nominal settlement and IBM accepted on the condition that they seal it.
Microsoft has tried to patent smilies for heaven sakes! Save the smilies, what ever shall we do?!? :P (..damn it, I'm going to get sued again.)
Valkyrie is about to die! Wizard needs food -- badly!
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=P TO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2F srchnum.html&r=1&f=G&l=50&s1=%2220050156873%22.PGN R.&OS=DN/20050156873&RS=DN/20050156873
Valkyrie is about to die! Wizard needs food -- badly!
Don't play cards with a man named Doc
Don't eat at a place called Mom's
Never make a wager with a Sicilian when death is on the line
Never pull on Superman's cape
Don't spit in the wind
Don't pull the mask off the old lone ranger
Don't mess with Jim (unless you're Slim)
Mess not with the mouse
AND FOR CRYING OUT LOUD, DON'T GET IN A PATENT WAR WITH IBM.
"The e-commerce patents in question ranged from hyperlink technology to electronic ordering." Hyperlink technology? Electronic ordering? Sweet jesus, these guys at IBM are geniuses, are there any alienware nobel prizes for this kind of incredible breakthroughs?
Congress continues to explore the possibility of updating it to better serve the needs of the 21st-century business world.
In case anyone was wondering, unsure, or confused about that, it means that Congress is talking about streamlining and further entrenching software patent insanity. That they want "better" and "more enforcible" stupid software patents.
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- - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
I'm old, so I remember. I remember when IBM was so clearly the Great Satan. Like suing IBM clone mainframe peripheral vendors in the 60's and 70's. Like trying to push the PS/2 down our throats in the 80's.
Bastards.
Now they are good guys. Why? Because having lost the OS battle, they turn to open source for succor. Not sure this makes them good guys, exactly. They got sued by SCO, but that doesn't make them good guys either, although it is fun watching them pound SCO into paste.
I'm very nervous about their patent portfolio. I'm nervous about everyone's patent portfolio. A time will come when you can't write a line of code without stepping on someone's software or process patent. And that will be the end of a creative era that has known no equal in human history.
Software should not be patentable. Processes should not be patentable. Period.
Well, I guess I might be exposing my pro-IBM bias here (good God, I can't believe I just said that -- I remember when you pretty much had to curse or spit after saying that name), but I think that IBM would probably be hurt a lot less due to the 'obviousness' ruling than Amazon would.
... they just happened to be there first because of their positioning during and following the dot-com boom.
Just look at the two companies -- IBM has a vast research division, which basically exists to invent stuff and turn out patents (and other things useful to IBM). Amazon is an online bookstore. Whatever patents they have, were probably found/invented/discovered more or less accidentally, while building themselves up. I think that there's a far greater chance that Amazon's patents would be ruled obvious than IBM's, because many of Amazon's patented inventions might be perfectly obvious to anyone else who was engaged in what they were doing
To be frank, I think the type of thing that IBM does these days is really what the patent system is supposed to encourage and protect -- IBM probably wouldn't spend the billions of dollars that it does on original research, if it wasn't able to capitalize on and monetize the inventions produced. If you look at the history of that company, they've produced a lot of pretty neat stuff. Leaving aside their past anticompetitive behavior, the world is probably a better place for IBM Research; any patent reform which eliminates the impetus to do what they're doing, would be IMO a mistake. However, Amazon, in contrast, seems to just be patenting stuff in order to protect their business model from competition. While that difference may not seem particularly important, I believe that creating a patent system that rewards original research while not rewarding blatant business-model protectionism is the key to reform.
"Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
So, the patent mess is going to be fixed by the same people who fixed the copyright mess with the DCMA?
Fixes by Congress have never done anything but make things worse. In my lifetime I've seen them fix campaign funding, pornography availability, fuel shortages, inflation, and several foreign governments. Every time, they just made things worse. Isn't the patent situation here bad enough already??
Everybody knows 3 people with my name.
Change the filing fee to $250,000. This will drop patent application rates tremendously to only those applications protecting a truly lucrative and unique business idea or invention. If the idea or innovation isn't worth $250,000 to you, then it doesn't need protection. In addition, I would re-assess all existing patent holders $250,000 for each patent they wish to keep. This would allow the government to revoke all prior frivolous patents. Could also be a nice jolt to the government revenue stream, as well as a way to reduce the patent trolls as well.
"In 2005, the technology used in its 1-Click checkout system came under scrutiny as potentially infringing upon a similar product made by a small Virginia-based company called IPXL Holdings."
Everybody say it with me...
ONE CLICK IS NOT A PRODUCT!!!
Amazon infringes on patents, yet at the same time they constantly censor material. They censored the 'Terrorstorm' video (Alex Jones) by repeatedly resetting total # of hits (to keep it off popular lists). Amazon censored the book "America Deceived" (E.A. Blayre III) America Deceived (book) from their site. They always minimize any video and/or audio exposure for 9/11 truth. Amazon has bullied plenty of little guys. It's good to see them squirm.
In the end, they both look stupid for having this battle.
"The need to build the internet comes from something inside us, something programmed... something we can't resist."
Don't fsck with IBM's Nazgul!
They will blacken your sky, redden your books, stick you in a bloody, dark corner with Daryl M.
Ware! Ware! Behold the flight of the Nazgul cometh! (obligitory) RUN AWAY! RUN AWAY!
Down With Slashdot BETA!!! I've been around the corner and seen the oliphant; you can only abuse me from your perspecti
Dugg for the creative title.
Hmm what's with all those nested comments?
Took Amdahl a series of anti-trust lawsuits to stay in the business before the 800lb gorilla stomped them out of business. Exactly who feels sorry for IBM??
Silly question:
What if two companies with very similar patents sue each other for violating each other's respective patents?
Let me use a exaggeratedly simple example:
Amazon has a patent on "one-click shopping". IBM has a patent on "single-click shopping". Due to USPTO incompetence and laziness, both patents were granted at the same time. Each sues the other over their respective patents.
What happens? How do the courts deal with the respective lawsuits? How does the patent office settle each disputed patent?
I'm surprised a similar situation hasn't occurred already.
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