Apple and HP's online shopping system has won an unusual customer - Clear with Computers (CWC) - which has filed a patent infringement lawsuit claiming Apple and HP's online stores, websites, marketing and sales and supply chain systems infringe on patents held by CWC.
As explained in court documents filed in the Texas Eastern court this week, and available here, the case alleges HP and Apple infringed against the CWC-held United States Patent No. 5,615,342, entitled “Electronic Proposal Preparation System,” which was issued on March 25, 1997 and US Patent No. 5,367,627, "Computer-Assisted Parts Sales Method", itself issued November 22, 1994.
These basically explain a system in which customers sign into an electronic system and "build a list of products or parts from a form". The database can also be updated by the host company. These descriptions do sound a little like the online stores operated by both companies, but could conceivably be applied against those held by others, such as Amazon.
CWC hopes to prove both Apple and HP have been willful in their breaking of the patents, and is demanding damages and an injunction to force the two computer giants to stop using the technologies described.
Clear With Computers is attempting to force a jury trial in the case. The Texas Eastern Court has a reputation for favouring patent holders alleging infringement, which is why so many such cases are filed in this court.
Interestingly, Apple launched its online store on November 10, 1997.
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Ok if you wait 10 years to
Ok if you wait 10 years to make you claim then it's clear that you are only in it to get money and not to protect you patent.
Patent Whores! OK, maybe 10
Patent Whores!
OK, maybe 10 years ago this was bleeding edge stuff, but nowadays, that's like suing someone for being able to right-click in an application. Some things are just standard issue.
Where are these new patent reforms everyone was talking about that will help stop this madness?!!!
HEY dont laugh, i hold the
HEY dont laugh, i hold the patent on that.
The USPO needs to stop
The USPO needs to stop issuing patents for stupid crap like this.
The problem is they issued it
The problem is they issued it 14 years ago.
If they wised up and stopped issuing stupid patents today it could be decades before the crap is filtered out of the system (and it's arguable that the patent wasn't judged stupid when it was granted anyway).
What's needed is for the courts to stop granting judgements on stupid crap like this. They're only going to court to get money.. reduce the chance of them getting money to zero and you pretty much fix the problem.
The USA patent system
The USA patent system confuses the hell out of me.
Outsourced perhaps?
The big question here for Apple and HP is do they outsource this work to an e-commerce provider/vendor?
I believe HP outsources to an American provider. If thats the case the technology provider could be held responsible.
On the other hand the patent seems to be very ambiguous and could be applied to many online retail stores operated by large retailers. What is mentioned in the article is common e-commerce backend process and would be widely implemented across many online retail stores.
Will be interesting to see how this plays out. Both companies generate significant revenues from their online stores.
*eBay sellers** ramp up time ! ;)
Cory York
www.linkedin.com/in/coryyork
www.novator.com
(CWC)
Who the hell is CWC anyways. Who gives a shit about them. They are getting boloni. Those bastards. Kick their ASS Apple/HP.
Punitive system
The problem is that the US follows a punitive system. In many countries, you can't sue for millions of dollars unless you can prove that you've were deprived of that money by another person.
I don't see that CWC was planning to actually use this patent in a way that Apple has taken returns away from them.
Yet, the US legal system will *punish* (hence punitive) offenders instead of just restoring economic wealth to it's rightful owner.
Fairly silly, IMO.
Yep, in practice it's a
Yep, in practice it's a pretty stupid way of doing things. Lawsuits here in the US are a joke. The problem is the courts take them seriously, as per the punitive system you described.
Patent can also be found here:
http://www.google.com/patents?id=GmgeAAAAEBAJ&dq=US+Patent+No.+5,367,627
What a f'in joke. Actually,
What a f'in joke. Actually, the US patent system is a joke too.
Why are other companies such as Dell and Gateway not involved in this lawsuit as well?
huh?
i still don't understand how you can patent such a vague idea, without even explaining any specific method or technology to accomplish it. to me, it's like patenting "flying machine," and then suing everybody who makes planes, balloons, helicopters, rockets, etc. or is it just me? somebody please enlighten us.
Such Crap
Seriously, this hurts all the stock holders and these stocks are in index funds, which are in retirement accounts, etc. We all lose with these bogus lawsuits.
The American patent system is
The American patent system is avaricious and loses America more and more friends every day. Now all of America's friends are paying dearly for their loyalty to the good ol' USA. Bush is responsible for thousands of wasted lives in a stupid war - not all American, Monsanto is destroying crops all around the world contributing the food crisis, the US patent system is denying medical resources to millions of people around the world. These guys would patent the act of breathing if they thought they could get away with it. Ease off America while your remaining friends around the world try to live on the same spaceship you are on. You really are screwing it up for everyone. You can't consume everything. We have to live here too. Is it too much to ask to go gently on this planet - it is all we've got. Please don't be so greedy. Friends? Both of them.
That is just stupid! So what
That is just stupid! So what sue all the computer companies because you have nothing better to do? That is lame
Prior Art -- (in a work or two) Did this type of sales 10 years
Being involved in the internet sine Web access was test only, followed by adding color text and the then graphics, many of these so called patents have been common practice for years. With I has smart enough (greedy) to try and patent e-mail in 1977, instant messaging in 1976. and many other patents that I felt was just common sense and could not be patented.
I can supply proof to Apple of prior art if they are interested.
Typos -- sorry
Ok, sorry for the typos
that first line should read
Being involved in the internet since Web access was text only, followed by adding
Oh, now I get it!
There are groups of lawyers out there who do nothing else with their time but search patent office records looking for patents that, even in the vaguest of terms, may have some connection to large companies using now ubiquitous technologies. Then they contact the patent holders and say, "hey, we think we can get you a %^&%-load of money, and we'll do it on a contingency basis." The company never even supposed that their patent was supposedly violated, but waving $$$ in front of their eyes makes them think, "why not? Let's sue!"