CompuServe Press Release concerning Order
E-Data Required to Clarify Electronic Commerce
Patent Infringement Claims
COLUMBUS, Ohio, July 3 -- U.S. District Court Judge Barbara Jones
recently took the first step toward ruling on the true coverage of the
controversial Freeny electronic commerce patent. The judge ordered patent
owner Interactive Gift Express (IGE) to justify its actions and clarify its
infringement claims in the case of Interactive Gift Express v. CompuServe,
et al. filed in the U.S. District Court for the Southern District of New
York. The order was applauded by online service/Internet giant CompuServe.
"Thanks to this ruling in the IGE v. CompuServe case, companies threatened
with the 'carrot or stick' amnesty program now could expect that the
confusion surrounding the Freeny patent could be significantly clarified
within a few months," Stephen Heaton, CompuServe general counsel, said.
The court order requires IGE, within 60 days, to identify each product or
service offered by the 18 defendants it contends infringe and explain the
meaning of unique technical terms used in the Freeny patent. A copy of the
order may be viewed or downloaded at the following at World Wide Web site --
patents.com.
According to IGE's literature, the patent covers on-demand electronic
distribution of products downloaded online or delivered on disk or CD-ROM.
In May, E-data announced an aggressive "carrot or stick" amnesty program
offer reported to be going to 75,000 companies. The program offers to
license the E-data System on a sliding scale fee, and provides amnesty for
past patent infringement. Otherwise, the company threatens litigation. |
