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Amazon Cries 'Uncle' to End IBM Patent Feud

Posted by Zonk on from the make-it-stop-make-it-stop dept.

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.'"

9 of 63 comments (clear)

  1. Bullies, take heed by Weaselmancer · · Score: 3, Insightful

    There is always someone bigger than you.

    --
    Weaselmancer
    rediculous.
    1. Re:Bullies, take heed by ushering05401 · · Score: 3, Insightful

      Everyone take heed. The patent lawsuit is not such a huge deal in the case of Amazon because they are not going away, but all the big players use selective lawsuits which is what bugs the hell out of me.

      Under the current system big companies wait for smaller companies to become profitable and then they pounce. If one company sues another for patent infringement they should be obligated to sue all infringers. So as the owner of a small company I should be able to name co-defendants who also appear to use similar technology, and with how broad patents are these days it should not be hard to find big players who might be committing similar patent infringements.

      If those bigger players are found to be implementing technology similar to what I am being sued for then they should be required to join the defense.

      No more assassination through selective lawsuits.

      Regards.

    2. Re:Bullies, take heed by kripkenstein · · Score: 4, Interesting

      Under the current system big companies wait for smaller companies to become profitable and then they pounce. If one company sues another for patent infringement they should be obligated to sue all infringers.
      Sure you thought that one through? By what you're suggesting, only the very largest corporations would be able to assert patents, because small players couldn't afford it. This would make the patent system even worse: in essence, only really big companies could own patents (smaller companies could own them, but not use them, so they may as well not own them at all).

      The patent system is bad enough as it is, please don't give them any ideas how to make it worse.
  2. Serve the needs of the business world by spun · · Score: 5, Insightful

    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
  3. Advice for survivors by russotto · · Score: 5, Funny

    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.

  4. the patents in question? by Vasco+Bardo · · Score: 3, Funny

    "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?

  5. Re:"Obvious" results? by drinkypoo · · Score: 4, Interesting

    Especially since IBM has a literally unparalleled ability to generate legal paperwork. Only company to ever bury the DOJ under so much paperwork that they got lost. The funny thing about it all (funny in a modern, corporate context anyway) is that IBM at least seems to be relatively scrupulous. In a world in which people are suing people left and right for patent infringement, IBM is mostly using their portfolio defensively. While others are still trying to maintain vendor lock-in (Apple, Microsoft, I'm looking at you) IBM is promoting Open Source, Free Software, you name it. IBM used to be a great satan, now they're our last best hope for peace or something.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  6. Minor clarification by Alsee · · Score: 5, Insightful

    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.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  7. Can a leopard change its spots? by Bozdune · · Score: 4, Interesting

    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.