Amazon wins first round in Barnesandnoble.com suit
By Erich LueningStaff Writer, CNET News.com
December 2, 1999, 9:45 a.m. PT update: A federal judge has issued a preliminary injunction barring online bookseller Barnesandnoble.com from using technology that rival Amazon.com claims is patented. U.S. District Court Judge Marsha J. Pechman's preliminary injunction, issued late yesterday, bars New York-based Barnesandnoble.com from using its version of 1-Click technology, which allows online shoppers to purchase goods with a single mouse click, while a lawsuit over the issue is pending. Seattle-based Amazon.com filed a suit Oct. 20 claiming Barnesandnoble.com had illegally copied Amazon.com's 1-Click technology. First made available to Amazon.com customers in September 1997, the 1-Click feature stores billing and shipping information so that returning customers can purchase selected items by clicking their mouse once, without re-entering or re-confirming any information. The U.S. Patent Office awarded Patent No. 5,960,411 to Amazon.com on Sept. 28, 1999. "The evidence indicates that Barnesandnoble.com can modify its 'Express Lane' feature with relative ease to avoid infringement. For instance, infringement can be avoided by simply requiring users to take additional action to confirm orders placed by Express Lane," judge Marsha J. Pechman stated in her ruling, a portion of which was obtained by CNET News.com.
My Sardonic Thoughts
- So, anyone who wants to set up a store on the internet can NOT invent a process that lets the user click "ORDER" and have it order the item, and ship it, unless they also have them click another button "CONFIRM".
- I want a patent on that process, then everyone will have to click "RE-CONFIRM".
- I'll get a patent on that one too...
- Can you imagine how many buttons you'll have to press by the time we're all done patenting our ordering process?
- Can we patent the idea of passing a credit card through the payment terminal just once?
- Can we patent the idea of saying to the sales clerk at the store "I'll take it", so now you'll have to go through a process like this.... "I'll take it"... "Are you sure?"... "Yes, I'm sure"
