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USPTO Reaffirms 1-Click Claims 'Old And Obvious'

theodp writes "After USPTO Examiner Mark A. Fadok rejected Amazon CEO Jeff Bezos' 1-Click Patent claims as 'old and obvious,' Amazon canceled and refiled its 1-Click claims in a continuation application as it requested an Oral Appeal, a move that smacked of a good old-fashioned stalling tactic. But the move may have backfired, as Fadok has just completed his review of the continuation app and concluded that all of the refiled 1-Click claims should be rejected, providing explanations of why the Board of Patent Appeals was wrong to reverse his earlier decision after listening to Amazon's lawyers in September. In October, USPTO Examiner Matthew C. Graham rejected most of the 1-Click claims as part of the reexam requested by LOTR actor Peter Calveley, a decision that attorneys for Amazon are currently trying to work around with some creative wordsmithing. Can't see how all of this means 'less work for the overworked Patent and Trademark Office.'"

7 of 80 comments (clear)

  1. another win for the lawyers by Tumbleweed · · Score: 4, Insightful

    Hurray!

    Is Amazon really this clueless, or are they just not in control of their lawyers? Are the lawyers just going after whatever they think is billable?

    And does Amazon *really* think that what makes their site so appealing has *NOTHING* to do with 1-Click?

    I really hate it when morons get rich; it just encourages the rest of them. :(

    1. Re:another win for the lawyers by k_187 · · Score: 4, Insightful

      Given that at least one other business entity has licensed 1-click from amazon (Apple, I don't know if there are others), I'd imagine that this is an attempt to keep that revenue stream open and flowing.

      --
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    2. Re:another win for the lawyers by Tumbleweed · · Score: 4, Insightful

      Given that at least one other business entity has licensed 1-click from amazon (Apple, I don't know if there are others), I'd imagine that this is an attempt to keep that revenue stream open and flowing.

      Given how much Amazon must've spent in legal fees over this thus far, they'd better be making a whole hell of a lot from the licensees to be making a profit.

  2. This makes no fscking sense.. by devjj · · Score: 5, Insightful

    Why is a company capable of such awesome technical inginuity (Amazon Web Services) getting hung up on something so utterly ridiculous? This just smacks of leadership that is a cut below the calibre of its employees.

    1. Re:This makes no fscking sense.. by Anonymous Coward · · Score: 5, Insightful

      This just smacks of leadership that is a cut below the calibre of its employees.


      Is there a single case in the entire world that is the converse?

      Incompetent management is pretty much required now in order to create work through inefficiency during the slow collapse in capitalism we are seeing.

      If not for idiot managers who like to see everything done incorrectly at least three times before the job is done right, then many of us simply would be out of work.

      Intelligence, knowledge, wisdom, skill and efficiency are NOT desirable qualities in management (in a failing capitalist democracy).

      Be glad all our managers are idiots, it makes work for us.
    2. Re:This makes no fscking sense.. by Frosty+Piss · · Score: 4, Insightful

      Why is a company capable of such awesome technical inginuity (Amazon Web Services) getting hung up on something so utterly ridiculous?
      Amazon is in a very competitive market that centers around their Web site. Every little thing that they can keep their competitors from being able to use on competing ecom sites is a win for Amazon, and they have the money to waste on the little stuff.

      Like Wal*Mart, Amazon is responsible for destroying a large part of many cities independent retailers because although many people talk a strong talk about supporting a healthy local economy by frequenting small businesses, most of these same people will jump to save $2 on a $30 purchase by buying through these faceless uncaring mega corporations.

      So really, while we rile against the practices of companies like Amazon and Wal*Mart, we rarely actually put our money where our mouths are.

      When you shop at book sellers like Powell's World of Books, you may pay a little bit more, but you're supporting a healthy business model that is centered around both the employee and customer, instead of lining Jeff Bezo's pocket even more.

      --
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    3. Re:This makes no fscking sense.. by clang_jangle · · Score: 5, Insightful

      Incompetent management is pretty much required now in order to create work through inefficiency during the slow collapse in capitalism we are seeing. If not for idiot managers who like to see everything done incorrectly at least three times before the job is done right, then many of us simply would be out of work. Intelligence, knowledge, wisdom, skill and efficiency are NOT desirable qualities in management (in a failing capitalist democracy). Be glad all our managers are idiots, it makes work for us.


      A pity I've used all my mod points, that is darn insightful. But I must offer one small correction, the US is not a democracy -- it's a "democratic republic", a form of representative government which incorporates some features of a democracy. The most commonly seen pure democracy would be a lynch mob, which is why the founding fathers devised the system they did. Not a bad system really, but it requires a tad better than rampant apathy and cynicism to to make it work for us.

      Now Corporate America, they really know how to use representative government, so they get excellent results. Maybe some day "we the people" will wake up to the power of that example and reclaim our rightful place as the true citizens of this land...and demote capitalism from the official religion of the US to it's proper, original, status of economic tool.

      Deprogammers Needed!
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      Caveat Utilitor