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Apple, Starbucks Sued Over Music Gift Cards
Trintech writes "A Utah couple acting as their own attorneys have filed a lawsuit against Apple and Starbucks over the retailers' recent Song of the Day promotion, which offers Starbucks customers an iTunes gift card for a complimentary, pre-selected song download. In a seven-page formal complaint, James and Marguerite Driessen of Lindon, Utah say they developed in 2000, and were granted a patent in February 2006 for, an Internet merchandising utility dubbed RPOS (retail point of sale). The concept, which forms the heart of the infringement lawsuit, would allow gift cards for pre-defined items that can be sold at a brick-and-mortar store but used online; customers could redeem a card for a dining room set or a DVD, for example."
Around 1995 it was possible to buy starter kits for internet service providers. The kit came with a month or so of access and software which would configure your system to dial the ISP. I gave one to my dad for his birthday. For me, this qualifies as prior art.
And what about AOL CD's. You might have been given it with a magazine. Sounds pretty obvious to me.
http://michaelsmith.id.au
Here's the patent:
http://www.google.com/patents?id=HY54AAAAEBAJ&dq=7003500
MMORPGs have been selling online services via prepaid cards from brick & mortar stores for a long time, e.g. World of Warcraft, Ragnarok and Priston Tale, to name a few. Another numbskull patent (examiner).
Well technically, it isn't exactly media or merchandise that the MMORPGs were selling (as claimed by the patent), but in terms of prior art, uniqueness and obviousness, the patent shouldn't be valid. Heck, USPTO should employ teens as patent examiners.
to whomever tagged this "complementary," that's incorrect-- it's "complimentary," as in the phrase "with our compliments."
Because it's speficially for "Point of Sale" (POS) items. Which specifically refers the the items within reach of the checkout lane, like the candy at the grocery store, they keychains and tire pressure gauges at the auto parts store, or the cds/gift cards at starbucks.
XBL subscription and point cards aren't sold at the "point of sale"
Collector's Edition
Though superficially different, this is just an infringement of the patent under a new name, the lawyers argue.
It's been a while since I had to deal with patent law but what I remember is this.
You just have to be different; even in the smallest way. Get past one of the primary claims, not the dependent ones as they don't count, and the patent doesn't hold.
Also, if this were to hold or if it doesn't and/or the previous product infringes, it shouldn't matter if company XYZ simply pulled a product from the shelves that was infringing.
They really should consult an attorney in patent law. If they are one then well you know what they say about representing yourself.